IETF: December 2008 Archives

 

December 18, 2008

This is sort of IETF inside baseball, but also a good example of how things can go really wrong even when you're trying to do the right thing. As you may or may not know, the Internet Engineering Task Force (IETF) is the standards body responsible for most of the Internet standards (TCP, HTTP, TLS, ...) that you know and hate. The IETF is a non-membership organization and participants aren't compensated by the IETF for their contributions. Moreover, most IETF participants are working on IETF standards as part of their job. This all makes the copyright situation a bit complicated, since, at least in the US, companies tend to own work you do for them in the course of your employment.

The IETF has opted to deal with this situation with a combination notify and attest model, which works like this. There are three main ways in which people submit "contributions" i.e., text for documents, comments, etc. to the IETF:

  • As actual documents ("internet-drafts").
  • As mailing list messages.
  • As comments at IETF meetings.

The first case is the clearest: every I-D submission is required to have a boilerplate license grant attached to it, or rather a reference to a license grant. It looks (or at least until recently) something like this:

This document is subject to the rights, licenses and restrictions contained in BCP 78, and except as set forth therein, the authors retain all their rights.

That's the attest part. But what about submissions on mailing lists, stuff said at the mic at meetings, etc.? It's not really practical to expect people to start every comment with a copyright statement. Instead, the IETF has a general policy on submissions which you're given a copy of when you sign up for an IETF meeting or join a mailing list. (This policy is colloquially called "Note Well" after the title of the document). Contributing once you've read the statement is deemed to be an acknowledgement and acceptance of the policy. Note: I'm not a lawyer and I'm not taking a position on whether this will hold up in court. I'm just reporting how things are done.

OK, so you have to agree to some license terms. But what are those terms? Until recently (confusingly, the date is a bit uncertain), they were approximately that the text in your document could be reused for any IETF purpose, e.g., you could republish them, prepare derivative works for the purpose of doing revisions, etc. So far so good. Once documents were in the IETF system you could pretty much do anything IETFy with them, since you could safely (at least that's the theory) assume that the authors had granted the appropriate rights. What you couldn't do, however, was take text out of the documents and use them to prepare documents for some other standards body such as OASIS, ITU, etc. Anyway, IETF decided that it was a good idea to fix this and so a new set of license terms were prepared which involved granting this additional set of rights (the details are actually quite a bit more involved, but not really that relevant). Moreover, the new rules required IETF contributors (i.e., document authors) to attest that they had the right to submit the document under these new terms.

This last bit is where things started to go wrong. Consider what happens if you want to prepare a revision of some RFC that was written before the rule change. Ordinarily, you could do this, but now you need to submit under the new rules, and moreover you need to attest that you've obtained the necessary permissions to do so. But since all you know is that the document was submitted under the old rules, you need to go back to every contributor to the original document and get them to provide a more expansive license grant. That's fairly inconvenient already, but it gets worse. IETF doesn't really keep records of who contributed which piece of each document (remember: if it's in the system it was supposed to be automatically OK), so you don't actually know who you're supposed to contact. Even if you just take the list of people who were acknowledged in the document, this can run to tens of people, some of whom might have changed employers, died, or whatever. So, there's a reasonable chance that some documents can't practically be revised under these terms, and some IETFers are already avoiding contributing documents they would otherwise have submitted. The IETF hasn't totally ground to a halt yet, presumably due to some combination of virgin submissions, participants unaware of the issue, and participants aware of the issue but assuming they're not going to get caught.

Unfortunately, this didn't quite get figured out (for some unknown reason, people aren't really excited about spending a lot of time reading licensing agreements) until it was too late and the terms were already in effect. Next step: figure out how to unscrew things. Outstanding!