[CRISP-TEAM] Possible inconsinstency pointed out on IRP for Section III A2 and IIIA3
apb at cequrux.com
Wed Jan 14 17:12:18 CET 2015
On Wed, 14 Jan 2015, Izumi Okutani wrote:
>I think there is an agreement the text needs to be improved for
>consistency on IPR.
>Thank you Andrei for categorizing each elements and Alan for pointing
>out specific inconnsistencies. Very helpful.
>Paul/Nurani, I wonder if you could help revise text to reflect the
>points below for IIIA3ix?
>We can ask others to help if needed but I feel it may be better for you
>to control the overall text on this part.
>To Alan's point -
>>>> I think we would like some IPR to be vested in neutral organisations,
>>>> and some IPR to be in the public domain. Section III.A.3.ix seems to me
>>>> to be talking about the part that should be in the puiblic domain
>>>> (almosst everything except the trademank and domain name), but it could
>>>> be worded more clearly.
>>>> Also, III.A.3.ix talks about "public domain or the RIRs", while III.A.2
>>>> does not have "or the RIRs". They should be consistent.
>>>> Where did "or the RIRs" come from? I seem to recall discussions about
>>>> the public domain.
>I also don't recall our consensus on RIRs either.
>My understanding is the same as Alan's.
>Let's confirm at the call today but feedback on the ML beforehand is
I have drafted some text. See the attached redline .docx file.
I still have some unresolved issues:
* III.A.2 talks about IPR being transferred to a successor organization,
but III.A.3.ix does not.
* III.A.3.ix talks about IPR being transferred to the RIRs,
but III.A.2 does not.
It's not clear to me what we want here. We have several destinations
* Public domain;
* A neutral body such as the IETF Trust;
* The RIRs;
* The IANA Number Services Operator (to be transferred to a successor
What, if anything, should go to each destination?
Anyway, my current text is:
Section III.A.2: No change, except to the fourth paragraph, where
I changed "acknowledge these facts" to "agree to these expectations".
The entire section:
III.A.2. IPR related to the provision of the IANA services stay
with the community
There are several intellectual properties related to the provision
of the IANA services whose status should be clarified as part
of the transition. Namely, the "IANA" trademark, the "IANA.ORG"
domain name, and public databases related to the performance of
the IANA function (in particular the IANA Numbers Registries).
It is important that through the stewardship transition the IPR
status of the registries is clear and ensures free unlimited
access to the public registry data. It is the expectation of the
Internet community that the IANA Numbers Registries are in the
It is also the expectation of the RIR community that non-public
information related to the IANA number resource registries and
corresponding services, including the provision of reverse DNS
delegation in IN-ADDR.ARPA and IP6.ARPA, is managed by the IANA
operator and will be transferred to its successor(s) along with
It is the preference of the RIR community that all relevant
parties agree to these expectations as part of the transition.
With regards to the IANA trademark and the IANA.ORG domain it is
the expectation of the RIR community that both are associated
with the IANA function and not with a particular IANA functions
operator. Identifying an organization, not associated with an IANA
operator, that holds these assets permanently will facilitate
a smooth transition should another operator (or operators) be
selected at some point in the future. It is the preference of the
RIR community that the IANA trademark and the IANA.ORG domain name
be transferred to an entity independent of the IANA functions
operator that will ensure these assets are used purposefully in
a non-discriminatory manner for the benefit of all operational
communities. From the RIR community's perspective, the IETF Trust
would be an acceptable candidate for this role.
The transfer of the IANA trademark and IANA.ORG domain to the IETF
Trust will require additional coordination with the other affected
communities of the IANA functions, namely protocol parameters and
Section III.A.3.ix: Added ", as mentioned in section III.A.2" in
the first paragraph; added ", or to a suitable independent entity,
such as the IETF Trust as contemplated in section III.A.2" in the
The entire section:
ix. Intellectual Property Rights and Rights Over Data
Both parties acknowledge that the data of the public number
resource registries remain in the public domain, as mentioned in
section III.A.2. The RIRs will have unlimited rights in all other
data delivered under this agreement and in all other data first
produced in the performance of this agreement.
If the IANA Numbering Services Operator becomes the owner of
intellectual property rights through the performance of this
agreement, these rights will be transferred to the public domain,
or to the RIRs, or to a suitable independent entity, such as
the IETF Trust as contemplated in section III.A.2. In case the
legislation does not allow such transfer, the IANA Numbering
Services Operator must grant appropriate licenses for ongoing use
of the relevant intellectual property.
Relevant section(s) in the NTIA contract:
--apb (Alan Barrett)
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