[Iana-ipr] IANA IPR Community Agreement and License Agreement drafts

Jonathan Robinson jrobinson at afilias.info
Mon Aug 1 12:31:06 CEST 2016


Jorges,

 

Thank-you for succinctly capturing the key 2 or 3 issues for discussion
here. In my view, the points you raise highlight where we need to focus our
primary energy as follows:

 

1.      What we have not accepted, and what we do not believe we can accept,
is any arrangement in which the Trust is subject to "approvals" by the CCG.
We remain convinced that such acceptance would be contrary to

the Trust's anticipated fiduciary responsibility as the holder of the Marks,
and the Trustees cannot responsibly expose the Trust to such a threat.  We
believe that any independent trust would face this problem.

 

2.      In addition, we do not think that, given the terms of our Trust
Agreement, the Trust is capable of acting as a "steward" for other
operational communities.  The existing Trust Agreement also does not permit
the Trust to transfer away any asset once it is owned by the Trust, so we
cannot accept any term that anticipates such a transfer.

 

3.      We realize that some people would prefer to amend some terms of the
IETF Trust Agreement.  That may be possible in the future in order to
accommodate some of the above worries.  But all changes have to go through
the IETF consensus process, and there simply isn't time to do that this
year.  Hence our agreement must work with the Trust as it currently exists.

 

 

Jonathan

 

From: Jorge Contreras [mailto:contreraslegal at att.net] 
Sent: 30 July 2016 18:03
To: iana-ipr at nro.net
Subject: [Iana-ipr] IANA IPR Community Agreement and License Agreement
drafts

 

Dear colleagues,

 

We have attached for your review clean and redlined versions of the
Community Agreement and License Agreement, which have been marked against
the versions distributed on July 5.  We have inserted numerous

comments in the marked version using the MS Word comment feature. These
comments are intended to address specific text or suggestions made by CWG,
RIR or IETF during the last round.

 

In these candidate agreements, we have accepted a number of suggestions both
the operational communities. We know that everyone is anxious to get these
done, and many of the changes seem to us to be reasonable and in keeping
with the Trust's responsibilities.

 

What we have not accepted, and what we do not believe we can accept, is any
arrangement in which the Trust is subject to "approvals" by the CCG.  We
remain convinced that such acceptance would be contrary to

the Trust's anticipated fiduciary responsibility as the holder of the Marks,
and the Trustees cannot responsibly expose the Trust to such a threat.  We
believe that any independent trust would face this problem.

 

In addition, we do not think that, given the terms of our Trust Agreement,
the Trust is capable of acting as a "steward" for other operational
communities.  The existing Trust Agreement also does not permit the Trust to
transfer away any asset once it is owned by the Trust, so we cannot accept
any term that anticipates such a transfer.

 

We realize that some people would prefer to amend some terms of the IETF
Trust Agreement.  That may be possible in the future in order to accommodate
some of the above worries.  But all changes have to go through the IETF
consensus process, and there simply isn't time to do that this year.  Hence
our agreement must work with the Trust as it currently exists.

 

We hope that you will agree that we are making substantive and collegial
process here, and we hope you understand that the existing terms of the
Trust Agreement are a hard limit on what we may possibly

do.  We look forward to additional comments and to a fruitful discussion on
our next call.

 

 

Jorge L. Contreras

Contreras Legal Strategy LLC

1711 Massachusetts Ave. NW, No. 710

Washington, DC 20036

contreraslegal at att.net <mailto:contreraslegal at att.net> 

 

The contents of this message may be attorney-client privileged and
confidential.  If you are not the intended recipient, please delete this
message immediately.

 

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