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

[Izumi Okutani]

CRISP Team,


This part in incorporated in Michael's draft but I encourage you to
share you comment on this topic under this thread, so we don't have
multiple threads discussing the same topic as much as possible.


Thank you Alan for developing this.

I think this is good overall and for the unresolved issues you listed -

> * III.A.2 talks about IPR being transferred to a successor organization,
> but III.A.3.ix does not.

I personally think it's OK. III.A.2 can be detailed by III.A.3.ix is
providing guidance for RIR in developing SLA and looks to me like an
obvious point which will be incoporated as it is specified in III.A.2.

As long as they don't contradict, it's fine in my view.

I'd like to hear especially from RIR staff, if other thoughts.

> * III.A.3.ix talks about IPR being transferred to the RIRs,
> but III.A.2 does not.

My comment above applies here as well but we shouldn't sound
contradicting. How about we make this part covering all IPR elements
described in III.A.2 and say who to be transfered should be decided
according to what's appropriate per IPR element?

I welcome to hear feedback if anyone else has a better idea.

OLD:
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.

NEW:
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 according
what would be appropriate for each element of IPR, which is described in
section III.A.2.


Izumi

On 2015/01/15 1:12, Alan Barrett wrote:
> 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)