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

[Andrei Robachevsky]

Alan, I support the changes you propose (in the redline doc). I think it
delineates different types of IPRs and their preferred owners clearly.

Thanks,

Andrei

Alan Barrett wrote on 14/01/15 17:12:
> 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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