[Iana-ipr] Comments from RIR lawyers

Alan Barrett alan.barrett at afrinic.net
Tue Jun 21 13:06:27 CEST 2016


Forwarded messaged from the RIR legal team:

> 
> The RIRs have reviewed the proposed principal terms regarding the IANA IPR
> as it relates to implementation of the IANA transition.  Overall, the
> proposed document along with Sidley¹s comments appears acceptable with the
> exception of a couple items listed below:
> 
> (1)  License between IETF Trust and Licensee (ICANN) - the principal terms
> document calls for a single, exclusive license granted to Licensee (ICANN)
> for the use of the IPR in connection with provision of the IANA functions
> and services.  Further, the terms provide that in the event that one or
> two of the communities decide to engage alternative service providers for
> their respective IANA functions, that the single license would be
> partially terminated and additional licenses would be granted.  While this
> in theory is a workable solution for the situation of replacement service
> providers, we believe a more straight forward and clean approach would be
> to issue three non-exclusive licenses that are each individually exclusive
> in scope of the uses for which the license is granted (namely the scope of
> the three IANA functions respectively).  This is a clean approach both in
> terms of being specific as to the license granted in each instance as well
> as not requiring that one community¹s license be affected if/when another
> community decides to move to another service provider/licensee.  In the
> attached document, we have proposed alternate language regarding the three
> licenses for review by this group.
> 
> (2)  While the escalation provisions in the principal terms document are
> acceptable, there should be a provision regarding cross-default.
> Essentially, the license granted from the IETF Trust to Licensee is
> supplemental and incident to the provision of service by the service
> provider to the respective operational communities.  In this instance for
> the Numbers Community and for the related IANA functions for the Numbers
> Community, the service provider is bound to the terms of the SLA and
> incident to the provision of service under the SLA, it is being granted
> the License to IANA IPR to perform those obligations.  In the event of a
> termination of the SLA, there should be no need to engage in the
> escalation provisions in the license and rather there should be an
> automatic termination of the IPR license.  In this context, this is also
> another reason why item 1 above would make sense for implementation.
> 
> The remaining principle terms are acceptable to the RIRs; however, we
> would like our legal team involved with the drafting of the appropriate
> documents for implementation of the principle terms.
> 
> 
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