CWG Comments to IETF Trust IPR Agreements
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, Josh
JOSHUA T. HOFHEIMER Partner
SIDLEY AUSTIN LLP +1 650 565 7561 (PA direct) +1 213 896 6061 (LA direct) +1 323 708 2405 (Cell) jhofheimer@sidley.commailto:jhofheimer@sidley.com www.sidley.comhttp://www.sidley.com [SIDLEY]
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Hi,
On Mon, Aug 01, 2016 at 06:52:31PM +0000, Hofheimer, Joshua T. wrote:
Originally the CWG considered structural neutrality, which would have had the IANA-IPR housed in an independent, neutral body.
Yes, and at the time we concluded that it wasn't going to be possible to get that in time. (Of course, that was quite a while ago, so we have even less time now.)
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
Yes, but even at the time some of us were pointing out that while the IETF Trust was entirely willing to undertake agreements -- and there have been strong commitments to taking the advice of the CCG all along -- ultimately the Trust would need to remain the final authority on the IPR. I don't know how I could have been any clearer about this all along.
However, serious consideration needs to be given to CWG's concerns and comments, which seek to achieve an acceptable level of functional neutrality.
I don't want anyone to get the impression that we're not taking those comments seriously or that we didn't understand the concerns. We are and we do. The problem is that we don't actually think we can do this the way you're suggesting.
It's a serious problem, I agree.
Best regards,
A
participants (2)
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Andrew Sullivan
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Hofheimer, Joshua T.