Internet-Draft Clarification of Derivative Works Restri August 2026
Sayre & Carpenter Expires 6 February 2027 [Page]
Workgroup:
Network Working Group
Internet-Draft:
draft-sayre-gendispatch-derivative-05
Updates:
5378 (if approved)
Published:
Intended Status:
Best Current Practice
Expires:
Authors:
R. Sayre
B. E. Carpenter
Univ. of Auckland

Clarification of Derivative Works Restrictions

Abstract

This document clarifies that only IETF Documents may contain legal limitations on derivative works.

About This Document

This note is to be removed before publishing as an RFC.

Status information for this document may be found at https://datatracker.ietf.org/doc/draft-sayre-gendispatch-derivative/.

Discussion of this document takes place on the ipr-wg Working Group mailing list (mailto:ipr-wg@ietf.org), which is archived at https://mailarchive.ietf.org/arch/browse/ipr-wg/. Subscribe at https://www.ietf.org/mailman/listinfo/ipr-wg/.

Status of This Memo

This Internet-Draft is submitted in full conformance with the provisions of BCP 78 and BCP 79.

Internet-Drafts are working documents of the Internet Engineering Task Force (IETF). Note that other groups may also distribute working documents as Internet-Drafts. The list of current Internet-Drafts is at https://datatracker.ietf.org/drafts/current/.

Internet-Drafts are draft documents valid for a maximum of six months and may be updated, replaced, or obsoleted by other documents at any time. It is inappropriate to use Internet-Drafts as reference material or to cite them other than as "work in progress."

This Internet-Draft will expire on 6 February 2027.

Table of Contents

1. Introduction

This document updates Rights Contributors Provide to the IETF Trust [RFC5378] in order to clarify and limit which contributions may include a restriction on derivative rights.

2. Conventions and Definitions

This document uses the terminology defined in [RFC5378].

3. Derivative Works

Section 1 of [RFC5378] defines "Contribution", a "Contributor" and "IETF Documents". Sections 5.3 and 6 of RFC 5378 describe an optional mechanism for a Contributor to limit derivative works rights with a notice in the Contribution.

This optional mechanism has sometimes been misconstrued as applying to all Contributions. Using this mechanism outside of specifications, for example, in electronic mail, makes it difficult for people to respond and inhibits collaboration. This behavior impedes the very idea of collaborating about the Internet over the Internet. The IESG has previously issued a statement on this topic [IESG-DERIV].

This document clarifies with normative effect that RFC 5378 permits the use of this mechanism only for the text of IETF Documents, i.e., RFCs or Internet-Drafts that are used in the IETF Standards Process.

Question for legal review: Which of the following two alternative sentences would be more effective and less problematic for participants?

Version 1: Derivative works restrictions may not be applied to other Contributions, such as but not limited to public online IETF fora as defined in [RFC9945], appeals, minutes, or audio or video recordings of IETF meetings.

Version 2: Derivative works restrictions attached to other Contributions, such as but not limited to public online IETF fora as defined in [RFC9945], appeals, minutes, or audio or video recordings of IETF meetings, have no validity and should be ignored by all IETF participants.

All other rights Contributors provide to the IETF Trust/ICMP [RFC5378] remain in place.

4. Security Considerations

This document has no direct impact on Internet security.

5. IANA Considerations

This document has no IANA actions.

6. References

6.1. Normative References

[RFC5378]
Bradner, S., Ed. and J. Contreras, Ed., "Rights Contributors Provide to the IETF Trust", BCP 78, RFC 5378, DOI 10.17487/RFC5378, , <https://www.rfc-editor.org/rfc/rfc5378>.
[RFC9945]
Eggert, L., Ed. and E. Lear, Ed., "IETF Community Moderation", BCP 245, RFC 9945, DOI 10.17487/RFC9945, , <https://www.rfc-editor.org/rfc/rfc9945>.

6.2. Informative References

[IESG-DERIV]
IESG, "IESG Statement on Clarifying Derivative Works Rights", , <https://datatracker.ietf.org/doc/statement-iesg-statement-on-clarifying-derivative-works-rights/>.

Appendix A. Change Log [RFC Editor, please remove]

A.1. Draft-00

  • Original version

A.2. Draft-01

  • Added author, expanded argument

A.3. Draft-02

  • Removed pointless sentence

A.4. Draft-03

  • Significant rewording

A.5. Draft-04

  • Update after IETF 126 discussion

A.6. Draft-05

  • Sharpened definitions taken from RFC5378

  • Avoided paraphrasing IESG statement

  • Added explicit "ban vs ignore" choice

  • Added explicit legal query

Acknowledgements

Helpful comments were made by Jay Daley, Roman Danyliw, Stephen Farrell, Joel Halpern, Christian Huitema, John Klensin, Eliot Lear, John Levine, Rich Salz, Paul Wouters, ...

Authors' Addresses

Robert Sayre
San Francisco, CA
United States of America
Brian E. Carpenter
The University of Auckland
School of Computer Science
The University of Auckland
PB 92019
Auckland 1142
New Zealand