[CRISP-TEAM] Draft response/position: IANA IPR issues

[Izumi Okutani]

Thank you Andrei in drafing the three points on intelletual property rights.

This lookes like a good start to make the text consistent with IETF's 
proposal while I welcome any other inputs from CRISP Team.

One point I'd like to understand is :

 > The IETF Trust
 > (http://trustee.ietf.org/index.html) is the preference of the RIR
 > communities."

The rationale for RIR communities to prefer the IETF Trust.
(I don't have an issue and simply would like to be clear why we propose
  this)

I welcome feedaback from CRISP Team on IN-ADDR.ARPA and IP6.ARPA domains 
as well.

As in Andrei's observation, and I also don't know what IPR issues needs 
to be considered, as this is delegation from IETF-->IANA-->RIRs and no 
involvement by NTIA.


Izumi

On 2014/12/30 1:48, Andrei Robachevsky wrote:
> Dear colleagues,
>
> Please find below a description for the IPR issues, along with the
> proposed responses. The IPR issue covers database rights, trademarks as
> well as IANA.ORG, IN-ADDR.ARPA and IP6.ARPA domains.
>
> I hope this could facilitate discussion and help reaching team's
> position on these issues.
>
> Regards,
>
> Andrei
>
>
> *Issue: Intellectual Property Rights/Content of the Registries
> ---------------------------------------------------
>
> *Background and rationale:
>
> In accordance with the current NTIA contract (section H.4 Rights in
> Data-Special works):
>
> - The US Government has unlimited rights in all data delivered under
> this contract and in all data first produced in the performance of this
> contract.
> - The Contractor shall not assert or authorize others to assert any
> claim to copyright subsisting in any data first produced in the
> performance of this contract without prior written permission of the
> Contracting Officer.
>
> It is important that as a result of the stewardship transition the IPR
> status of the registries is clear and ensures free unlimited access to
> the registry data.
>
> *Proposed text in the response:
>
> This is almost a copy and paste from the IETF response, since the issue
> is exactly the same.
>
> "It is the expectation of the RIR communities that the number resource
> registries are in the public domain. It is the preference of the RIR
> communities that all relevant parties acknowledge that fact as part of
> the transition."
>
>
> *Issue: Intellectual Property Rights/IANA trademark and IANA.ORG domain
> ---------------------------------------------------------------
>
> *Background and rationale:
>
> Currently ICANN owns the IANA trademark with the US PTO and holds the
> IANA.ORG domain. The RIR communities expressed the preference that both
> are associated with the IANA function and not with a particular IANA
> functions operator. Having a permanent place, which would hold these
> assets, not associated with an IANA operator, will facilitate a smooth
> transition should another operator be selected some time in the future.
>
> Considering the dependencies operational communities have on these
> assents, the IETF Trust (http://trustee.ietf.org/index.html) has been
> suggested as a logical place to hold them. This entity exists solely to
> be a repository for intellectual property of this sort and it will
> ensure that the trademark and the IANA.ORG domain are used purposefully
> in non discriminative manner for the benefit of all operational
> communities and independently of a specific IANA operator.
>
> *Proposed text in the response:
>
> Since all operational communities have interest in these assets and also
> taking into consideration that no prior negotiations have been done with
> the IETF Trust, the response cannot simply request that these assents
> are transferred to the IETF Trust. So I propose the following text:
>
> "It is the expectation of the RIR communities that the IANA trademark
> and the IANA.ORG domain name will be transferred to an entity
> independent from the IANA functions operator that will ensure these
> assets will be used purposefully in non discriminative manner for the
> benefit of all operational communities. The IETF Trust
> (http://trustee.ietf.org/index.html) is the preference of the RIR
> communities."
>
>
> *Issue: Intellectual Property Rights/IN-ADDR.ARPA and IP6.ARPA domains
> ---------------------------------------------------------------
>
> *Background and rationale:
>
> Contrary to the issue related to IANA.ORG domain the holdership of the
> above domains is with the IAB, aligned with the policy for these
> registries specified in RFC3172 "Management Guidelines & Operational
> Requirements for the Address and Routing Parameter Area Domain
> ("arpa")". Specifically, these zones are delegated to IANA by the
> Internet Architecture Board (�IAB�) and �[s]ub-delegations within this
> hierarchy are undertaken in accordance with the IANA�s address
> allocation practices� (RFC3172).
>
> *Proposed text in the response:
>
> It is unclear to me if there are any IPR concerns from the RIR
> communities associated with these domains. Especially since this service
> is outside the scope of the NTIA contract. On a separate track, the
> CRISP team may, along with the response, provide a recommendation that
> an MoU between the RIRs and the IETF and IAB is created that will cover
> the overlaps and express the mutual commitment to open and reliable
> operation of the global registry system for the benefit of the community.
>
> No specific text in the response.
>
>
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