RFC 3669 (rfc3669) - Page 2 of 17
Guidelines for Working Groups on Intellectual Property Issues
Alternative Format: Original Text Document
RFC 3669 WG IPR Guidelines February 2004
8. References . . . . . . . . . . . . . . . . . . . . . . . . . . 15
8.1. Normative References . . . . . . . . . . . . . . . . . . 15
8.2. Informative References . . . . . . . . . . . . . . . . . 16
9. Author's Address . . . . . . . . . . . . . . . . . . . . . . . 16
10. Full Copyright Statement . . . . . . . . . . . . . . . . . . . 17
1. Introduction
This memo lays out a conceptual framework and rules of thumb to
assist working groups dealing with IPR issues. The goal is to
achieve a balance between the needs of IPR claimants and the
implementers of IETF standards which is appropriate to current times.
As part of trying to distill out principles for dealing with IPR in
IETF working groups, it provides case studies of working group IPR
treatment. In other words, it documents the running code of the IETF
process.
This memo does not describe IPR procedures for document authors or
IPR claimants. Those are covered in two other memos, on submission
rights [5] and IPR in the IETF [6]. Rather, this memo is for working
groups that are trying to decide what to do about technology
contributions which have associated IPR claims.
2. The Problem
Traditionally the IETF has tried to avoid technologies which were
"protected" through IPR claims. However, compromises have been made
since before the IETF was born. The "common knowledge" of the IETF,
that IPR-impacted technology was anathema, has never recognized that
the Internet has run on IPR-impacted technologies from the beginning.
Nowadays the majority of the useful technologies brought to the IETF
have some sort of IPR claim associated with them.
It will always be better for the Internet to develop standards based
on technology which can be used without concern about selective or
costly licensing. However, increasingly, choosing a technology which
is not impacted by IPR over an alternative that is may produce a
weaker Internet. Sometimes there simply isn't any technology in an
area that is not IPR-impacted. It is not always the wrong decision
to select IPR-impacted technology, if the choice is made knowingly,
after considering the alternatives and taking the IPR issues into
account.
The IETF is not a membership organization. Other standards-making
bodies may have membership agreements that member organizations must
sign and adhere to in order to participate. Membership agreements
may include strict procedures for dealing with IPR, or perhaps a
Brim Informational