[Iana-ipr] CWG Comments to IETF Trust IPR Agreements

Hofheimer, Joshua T. jhofheimer at sidley.com
Mon Aug 1 20:52:31 CEST 2016

Thank you to the work of the IETF Trust and its counsel in preparing and circulating a revised, annotated draft of the IANA IPR License and Community Agreements on such short notice.   Attached please find a table highlighting a few key issues from those versions circulated by the trust on July 30.

We also would like to make one general comment on behalf of the CWG to give some context for the comments provided:  The CWG has enshrined in its proposal as a condition regarding the transition the importance of “neutrality” in handling the IANA Intellectual Property Rights.  Achieving this neutrality has been a consistent driver in its work on the IANA-IPR transition and in its discussions with the various operational communities, including in the principal terms document.  Originally the CWG considered structural neutrality, which would have had the IANA-IPR housed in an independent, neutral body.  As the IETF Trust emerged as the likely home for the IANA IPR, it became clear that structural neutrality was not possible, and that CWG's requirement would need to be satisfied through "functional" neutrality, i.e., through agreements.  We understood that the occupational communities recognized this inherent, potential conflict and would endeavor to achieve as much “functional” neutrality as possible, so as to avoid undue actual or perceived influence being exerted by one community.  This is to be achieved through the Community Agreement.  It is with this context that Sidley Austin LLP, as outside counsel advising the CWG, has been instructed to provide comment to both the IANA IPR License and to the Community Agreement.  To be clear, CWG is not advocating for structural changes in the IETF Trust to achieve neutrality.  However, serious consideration needs to be given to CWG's concerns and comments, which seek to achieve an acceptable level of functional neutrality.  The following comments highlight those provisions and concepts in the proposed agreements that we believe detract from that principle, and we look forward to engaging in some constructive discussion that enables all participants to achieve a balancing of interests.

We look forward to speaking with everyone soon.

Best regards,


+1 650 565 7561 (PA direct)
+1 213 896 6061 (LA direct)
+1 323 708 2405 (Cell)
jhofheimer at sidley.com<mailto:jhofheimer at sidley.com>

This e-mail is sent by a law firm and may contain information that is privileged or confidential.
If you are not the intended recipient, please delete the e-mail and any attachments and notify us

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <https://www.nro.net/pipermail/iana-ipr/attachments/20160801/d3a8fbb0/attachment-0001.html>
-------------- next part --------------
A non-text attachment was scrubbed...
Name: License Agreement and Community Agreement, Draft July 30, 2016 - Analysis re CWG Proposed Terms (2).DOCX
Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document
Size: 34374 bytes
Desc: License Agreement and Community Agreement, Draft July 30, 2016 - Analysis re CWG Proposed Terms (2).DOCX
URL: <https://www.nro.net/pipermail/iana-ipr/attachments/20160801/d3a8fbb0/LicenseAgreementandCommunityAgreementDraftJuly302016-AnalysisreCWGProposedTerms2-0001.DOCX>

More information about the Iana-ipr mailing list