Re: CLOSED #1198 Proposed resolution - Implementation and derivative work

"todd glassey" <todd.glassey <at> worldnet.att.net> writes:

> Sorry Harald - the derivative rights requirements can be gleaned from this
> http://www.copyright.gov/circs/circ14.html#derivative the USD Government's
> COPYRIGHT.GOV website's FAQ's on Derivative Works...

As far as I understood your original issue, I see nothing in that link
that support your case.

> I suggest that you review the law as it stands and then recant these words
> since the derivative rights section is also clearly broken - why is it that
> this group thinks it gets to re-write law.

I have reviewed the copyright laws, and my conclusion is consistent
with Harald's resolution test: the right to produce a derivative work
(i.e., an implementation) of a document is only required if that
implementation include or adapt text from the document.

Thanks,
Simon

> Todd Glassey
>
> ----- Original Message ----- 
> From: "Harald Alvestrand" <harald <at> alvestrand.no>
> To: <ipr-wg <at> ietf.org>
> Sent: Wednesday, March 01, 2006 12:38 AM
> Subject: CLOSED #1198 Proposed resolution - Implementation and derivative
> work
>
>
>> After having heard the discussion, I conclude that this resolution is
>> accepted by the WG, and the issue is closed.
>>
>> Harald Tveit Alvestrand wrote:
>> > I think this has gone on long enough.
>> >
>> > This is a WG Last Call on issue #1198, with a timeout of one week, and
>> > I'll close it on February 28.
>> >
>> > SUGGESTED RESOLUTION:
>> > ----------------------------------------------------------------
>> > Implementations of IETF standards that incorporate pieces of IETF
>> > documents (such as MIBs or data tables) need to have the right to
>> > produce derivative works based on those pieces.
>> >
>> > Implementations of IETF standards that do not incorporate such pieces
>> > do not need the right to produce such derivative works.
>> > -----------------------------------------------------------------
>> > I believe that corresponds to the advice of counsel, and to the
>> > opinion of the vast majority of this working group.
>> >
>> > Note that this has absolutely no effect on the need to have rights to
>> > practice applicable patents; this is strictly about copyright.
>> >
>> > I know that Todd Glassey does not agree with this statement. Other
>> > people who do not agree with this statement are hereby encouraged to
>> > speak up; references to specific case law (in any jurisdiction) that
>> > is clearly contrary to this opinion will be appreciated.
>> >
>> >                 Harald Alvestrand, co-chair of IPR WG
>> > ------------------------------------------------------------------------
>> >
>> > _______________________________________________
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>> > Ipr-wg <at> ietf.org
>> > https://www1.ietf.org/mailman/listinfo/ipr-wg
>> >
>>
>>
>>
>>
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