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Subject: [admin-discuss] LLC Board Meeting Details - 14 October 2021
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IETF LLC Board of Directors meetings are conducted via web/teleconference. Members of the community are welcome to attend certain portions of these meetings as observers. Regular meetings are divided into four sections:

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The next meeting will be held on Thursday, 14 October 2021 at 12:00 PT (19:00 UTC). WebEx and Dial-in information is at the bottom of this message and also at <https://www.ietf.org/about/groups/llc-board/meeting-info/>.

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From nobody Mon Oct 25 14:49:13 2021
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From: "Scott O. Bradner" <sob@sobco.com>
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Subject: Re: [admin-discuss] Information about error in the IPR disclosure form
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seems like the right set of things to do

Scott

> On Oct 25, 2021, at 4:43 PM, IETF Chair <chair@ietf.org> wrote:
>=20
> We recently became aware of an error on the IETF IPR disclosure form: =
text on the form appears to suggest that disclosures and any stated =
licensing commitments apply only to "standards-track" documents (the =
form states: "Above licensing declaration is limited solely to =
standards-track IETF documents"). However, IETF participants routinely =
file disclosures and make licensing commitments on non-standards-track =
documents, such as Experimental or Informational RFCs or Internet-Drafts =
intending to be published as such. The error has led to some odd =
dissonance, such as where a disclosing party has explicitly committed to =
license implementations of non-standards-track RFCs cited in their =
disclosure form, via a form that appears to undermine the stated =
commitment. =20
>=20
> Some non-standards-track RFCs are widely implemented, and implementers =
expect that the express licensing commitments made in connection with =
these RFCs are binding.
>=20
> We traced the error back to a change to the disclosure form made in =
late December of 2014. Prior to 2012, IPR disclosures were made to the =
secretariat by e-mail using the form described in RFC 3905. In 2012, a =
web form was created that used more-or-less the same format. =
Unfortunately, the data from the checkbox indicating that the licensing =
declaration "is limited solely to standards-track RFCs" was accidentally =
not saved for those disclosures, meaning if anyone checked them, we =
don't have a record of it. For this reason, a decision was made in 2014 =
to eliminate this checkbox option, but an error was made in implementing =
this decision, resulting in the checkbox itself being eliminated, but =
the associated text remaining on the form, introducing an unintended =
suggestion that the limitation applied to all disclosures.=20
>=20
> Uncovering the fact that the checkbox data from 2012-14 was not saved =
raised an additional concern. During that period a party may have made a =
disclosure on a non-standards-track document and affirmatively checked =
this box. This combination would lead to the same dissonance identified =
above=E2=80=94a party would have made an explicit license commitment =
related to a non-standards-track document that would appear to be =
undermined by a contrary statement=E2=80=94but the intent of the =
discloser in this case would be a degree murkier. We simply don=E2=80=99t =
know if this ever happened. =20
>=20
> Precise details of the 2014 decision to eliminate the checkbox appear =
to have been lost to history, but the logic seems clear: if a party =
chooses to file a disclosure and make an associated express license =
commitment on technology embodied in a non-standards-track IETF =
document, nobody's interest is served by introducing ambiguity into the =
equation. Promising to license but then checking a box that undermined =
this promise wouldn't make sense, so removing this checkbox option was =
logical, particularly given that parties that specifically desired to =
exclude these types of specifications from their licensing commitment =
could always state this in the text of their declaration. Unfortunately, =
the implementation error that removed the checkbox but kept the text =
introduced its own ambiguity, which we are now striving to resolve. =
Further, we want to address any potential uncertainties caused by the =
missing 2012-2014 checkbox data.
>=20
> We are taking three actions to resolve these errors:
>=20
> 1. We are correctly implementing the 2014 decision, by removing the =
text from the IPR disclosure form that says "Above licensing declaration =
is limited solely to standards-track IETF documents." Licensing =
declarations apply to whatever documents the disclosing party cites in =
their form, whether they are published or intended to be published as =
standards-track documents or non-standards-track documents.
>=20
> 2. We are sending emails to each of the 54 parties that filed an IPR =
disclosure form between 21-DEC-2014 and now that explicitly references a =
document that was, or became, a non-standards-track RFC, bringing their =
attention to this announcement and stating our understanding that any =
express commitment they made to license implementations of a =
non-standards-track IETF document control over the erroneous statement =
in the form. We believe this is the only reasonable interpretation of =
the ambiguity introduced by the erroneous text, but if a party that =
previously made a licensing commitment disagrees they might choose to =
update their disclosure to clarify their position. They can find their =
disclosure at  https://datatracker.ietf.org/ipr/about/.
>=20
> 3. We are sending emails to each of the 50 parties that filed an IPR =
disclosure form between 25-FEB-2012 and 21-DEC-2014 that explicitly =
references a document that was, or became, a non-standards-track RFC, =
bringing their attention to this announcement and stating that our =
understanding is that parties that made an explicit license commitment =
in connection with a non-standards-track document intended to be bound =
by that commitment, and that we will assume that disclosing parties did =
not check the box that would have appeared to undermine their explicit =
commitment. Parties will be free to update their disclosure if they wish =
to communicate anything different. They can find their disclosure at  =
https://datatracker.ietf.org/ipr/about/.
>=20
> Please let me know if you have any questions about this matter.
>=20
> Lars Eggert
> IETF Chair
>=20
> _______________________________________________
> IETF-Announce mailing list
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> https://www.ietf.org/mailman/listinfo/ietf-announce

