Todd, You may or may not be right about whether an individual can make a decision to disclose. In my experience they often can't, but do have the power to request/implore their employer to disclose.
On the other hand, they *do* have the power to not participate. BCP79 offers this choice and I make no comment about which is preferable. However, it is clear from BCP79 that individuals have the choice and the responsibility to choose. Thanks, Adrian > -----Original Message----- > From: ietf-boun...@ietf.org [mailto:ietf-boun...@ietf.org] On Behalf Of todd > glassey > Sent: 14 February 2012 17:43 > To: ietf@ietf.org > Subject: Re: Furthering discussions about BCP79 sanctions > > On 2/12/2012 10:12 AM, Adrian Farrel wrote: > > Hi SM, > > So isnt the real issue that of informed consent? If you dont know that > someone else has already existing work is it their fault for not telling > the IETF? > > If so then there would also need to be some form of process identical to > this for verifying that the people participating hold legal power of > attorney pertaining to that work for their sponsors, or they cannot make > any 'management decisions' pertaining to any project. > > The misunderstanding in the IETF BCP78 and BCP79 documents is that > one-size fits all for IETF participants. It simply cannot - In fact many > participants are there to work on processes and efforts for their > sponsors who have no legal power of attorney for their sponsors what so > ever. This is part of the myriad of misrepresentations that the IETF and > its parent ISOC are still trying to get the rest of the world to swallow > IMHO. > > Todd > > > > >>> There has been some discussion on this list about > >>> draft-farrresnickel-ipr-sanctions-00. Thanks for the input. > >>> > >>> The conversation seems to be partitioned into: > >>> - discussion of sanctions and how to apply them > >>> - discussion of measures that can be taken to > >>> help people to adhere to BCP79 > >> > >> The following messages are about the "help people": > >> > >> http://www.ietf.org/mail-archive/web/ccamp/current/msg13082.html > >> http://www.ietf.org/mail-archive/web/marf/current/msg02081.html > > > > Yes. I've been watching those threads, and I think that some other WGs are > > thinking of following similar procedures. > > > >>> Furthermore, there is some debate about who should/can be responsible > for > >>> applying sanctions. > > > > [snip] > > > >> In Appendix A: > >> > >> "- Does the large number of patents that the individual has authored > >> provide any level of excuse for failing to notice that one of > >> their patents covered the IETF work?" > >> > >> That should be "the individual has invented". > > > > Yes. > > > >> I suggest removing the above as prolific inventors should pay more > >> attention to BCP 79. > > > > I'm inclined to agree with you. > > > > Others feel that there may be some mitigation in this case. > > > > By listing the point, we are giving the WG chairs the opportunity to consider > > it. They may deduce that it provides an excuse, no excuse, or exacerbates the > > case. > > > >> Section 6.1.2 of BCP 79 is about an IETF Participant's IPR in > >> Contributions by others. Should sanctions be considered if the > >> individual participates and does not disclose? > > > > Yes. That is certainly my intention in this document. All violations of BCP 79 > > are cause to consider sanctions. The severity of the case may be judged by > many > > factors, and I suppose that the level of "participation" may be one of these > > factors. I am hoping that Section 2.1 makes the first point clear, and Appendix > > A the second point. > > > > Cheers, > > Adrian > > > > > > > > > > > > _______________________________________________ > > Ietf mailing list > > Ietf@ietf.org > > https://www.ietf.org/mailman/listinfo/ietf > > > > > -- > Todd S. Glassey > This is from my personal email account and any materials from this > account come with personal disclaimers. > > Further I OPT OUT of any and all commercial emailings. > _______________________________________________ > Ietf mailing list > Ietf@ietf.org > https://www.ietf.org/mailman/listinfo/ietf _______________________________________________ Ietf mailing list Ietf@ietf.org https://www.ietf.org/mailman/listinfo/ietf
