[CRISP-TEAM] Possible inconsinstency pointed out on IRP for Section III A2 and IIIA3

[Alan Barrett]

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.
>
>Agree.
>
>>>> 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
>welcome.

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
for IPR:

* Public domain;
* A neutral body such as the IETF Trust;
* The RIRs;
* The IANA Number Services Operator (to be transferred to a successor
  operator).

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 
public domain.

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 
relevant rights.

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 
names.
]]]

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 
second paragraph.

The entire section:
[[[
ix. Intellectual Property Rights and Rights Over Data 

Principle:
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:
H.4, H.5
]]]

--apb (Alan Barrett)
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