Legal Provisions Relating to IETF Documents

February 12, 2009

Effective Date: February 15, 2009

1.         Background

            The IETF Trust was formed on December 15, 2005, for, among other things, the purpose of acquiring, holding, maintaining and licensing certain existing and future intellectual property used in connection with the Internet standards process and its administration, for the advancement of science and technology associated with the Internet and related technology.  Accordingly, pursuant to RFC 5378, Contributors to the IETF Standards Process grant the IETF Trust certain licenses with respect to their IETF Contributions.In RFC 5377, the IETF Community has provided the IETF Trust with guidance regarding licenses that the IETF Trust should grant to others with respect to such IETF Contributions and IETF Documents.  These Legal Provisions describe the rights and licenses that the IETF Trust grants to others with respect to such IETF Contributions and IETF Documents; as well as certain restrictions, limitations and notices relating to IETF Documents.  Capitalized terms used in these Legal Provisions that are not otherwise defined have the meanings set forth in RFC 5378.

2.         Applicability of these Legal Provisions. 

            a.         These Legal Provisions are effective as of February 15, 2009 (the "Effective Date").

            b.         The licenses granted by the IETF Trust pursuant to these Legal Provisions apply only with respect to (i) IETF Contributions (including Internet-Drafts) that are submitted to the IETF following the Effective Date, and (ii) IETF RFCs and other IETF Documents that are published after the Effective Date. 

            c.         IETF Contributions made, and IETF Documents published, prior to the Effective Date ("Pre-Existing IETF Documents") remain subject to the licensing provisions of the IETF copyright policy document in effect at the time of their publication, including RFCs 1310, 1602, 2026, 3978 and 4748 and previous versions of these Legal Provisions. 

            d.         In most cases, rights to Pre-Existing IETF Documents that are not expressly granted under these RFCs can only be obtained by requesting such rights directly from the document authors.  The IETF Trust and the Internet Society do not become involved in making such requests to document authors.

            e.         These Legal Provisions may be amended from time to time by the IETF Trust in a manner consistent with the guidance provided by the IETF community and its own operating procedures.  Any amendment to these Legal Provisions shall be posted for review at http://trustee.ietf.org/policyandprocedures.html and shall become effective on a date specified by the IETF Trust, but no earlier than thirty (30) days following its posting.  Such amendment shall apply with respect to all IETF Contributions made and IETF Documents published following the effective date of such amendment.  All prior versions of these Legal Provisions shall continue to be posted at http://trustee.ietf.org/policyandprocedures.html for reference with respect to IETF Contributions and IETF Documents as to which they may apply.

3.         Licenses to IETF Documents and IETF Contributions.

            a.         License For Use Within the IETF Standards Process.  The IETF Trust hereby grants to each participant in the IETF Standards Process, to the greatest extent that it is permitted to do so, a non-exclusive, royalty-free, worldwide right and license under all copyrights and rights of authors granted to the IETF Trust:

                        i.          to copy, publish, display and distribute IETF Contributions and IETF Documents, in whole or in part, as part of the IETF Standards Process, and

                        ii.         to translate IETF Contributions and IETF Documents, in whole or part, into languages other than English as part of the IETF Standards Process, and

                        iii.        unless explicitly disallowed in the notices contained in an IETF Contribution or IETF Document (as specified in Section 6.c below), to modify or prepare derivative works of such IETF Contributions or IETF Documents, in whole or in part, as part of the IETF Standards Process.

            b.         IETF Standards Process.  The term IETF Standards Process has the meaning assigned to it in RFC 5378.  In addition, the IETF Trust interprets the IETF Standards Process to include the archiving of IETF Documents in perpetuity for reference in support of IETF activities and the implementation of IETF standards and specifications.

            c.         Licenses For Use Outside the IETF Standards Process.  In addition to the rights granted with respect to Code Components described in Section 4 below, the IETF Trust hereby grants to each person who wishes to exercise such rights, to the greatest extent that it is permitted to do so, a non-exclusive, royalty-free, worldwide right and license under all copyrights and rights of authors:

                        i.          to copy, publish, display and distribute IETF Contributions and IETF Documents in full and without modification,

                        ii.         to translate IETF Contributions and IETF Documents into languages other than English, and to copy, publish, display and distribute such translated IETF Contributions and IETF Documents in full and without modification,

                        iii.        to copy, publish, display and distribute unmodified portions of IETF Contributions and IETF Documents and translations thereof, provided that:

                                    (x)        each such portion is clearly attributed to IETF and identifies the RFC or other IETF Document or IETF Contribution from which it is taken,

                                    (y)       all IETF legends, legal notices and indications of authorship contained in the original IETF RFC must also be included where any substantial portion of the text of an IETF RFC, and in any event where more than one-fifth of such text, is reproduced in a single document or series of related documents.

            d.         Licenses that are not Granted.  The following licenses are not granted pursuant to these Legal Provisions:

                        i.          any license to modify IETF Contributions or IETF Documents, or portions thereof (other than to make translations or to extract, use and modify Code Components as permitted under the licenses granted under Section 4 of these Legal Provisions) in any context outside the IETF Standards Process, or

                        ii.         any license to publish, display or distribute IETF Contributions or IETF Documents, or portions thereof, without the required legends and notices described in these Legal Provisions.

            e.         Requesting Additional Rights.  Anyone who wishes to request license rights from the IETF Trust in addition to those granted under these Legal Provisions may submit such request to trustees@ietf.org.  Such request will be considered by the IETF Trust, which will make a decision regarding the request in its sole discretion and inform the requester of its disposition.  In addition, individual Contributors may be contacted regarding licenses to their IETF Contributions.  The IETF Trust does not limit the ability of IETF Contributors to license their Contributions, so long as those licenses do not affect the rights granted to the IETF Trust under RFC 5378.

4.         License to Code Components

            a.         Definition.  IETF Contributions and IETF Documents often include components intended to be directly processed by a computer ("Code Components").  A list of common Code Components can be found at http://trustee.ietf.org/policyandprocedures.html

            b.         Identification.  Text in IETF Contributions and IETF Documents of the types identified in Section 4.a above shall constitute "Code Components".  In addition, any text found between the markers <CODE BEGINS> and <CODE ENDS>, or otherwise clearly labeled as a Code Component, shall be considered a "Code Component".

            c.         License.   In addition to the licenses granted under Section 3, Code Components are also licensed to each person who wishes to receive such a license on the terms of the "BSD License", as described below.  If a licensee elects to apply the BSD License to a Code Component, then the additional licenses and restrictions set forth in Section 3 and elsewhere in these Legal Provisions shall not apply thereto.

BSD License:

Copyright (c) <insert year> IETF Trust and the persons identified as authors of the code.  All rights reserved. 

Redistribution and use in source and binary forms, with or without modification, are permitted provided that the following conditions are met:

       . Redistributions of source code must retain the above copyright notice, this list of conditions and the following disclaimer.

       . Redistributions in binary form must reproduce the above copyright notice, this list of conditions and the following disclaimer in the documentation and/or other materials provided with the distribution.

       . Neither the name of Internet Society, IETF or IETF Trust, nor the names of specific contributors, may be used to endorse or promote products derived from this software without specific prior written permission.

THIS SOFTWARE IS PROVIDED BY THE COPYRIGHT HOLDERS AND CONTRIBUTORS "AS IS" AND ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE ARE DISCLAIMED. IN NO EVENT SHALL THE COPYRIGHT OWNER OR CONTRIBUTORS BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, EXEMPLARY, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; LOSS OF USE, DATA, OR PROFITS; OR BUSINESS INTERRUPTION) HOWEVER CAUSED AND ON ANY THEORY OF LIABILITY, WHETHER IN CONTRACT, STRICT LIABILITY, OR TORT (INCLUDING NEGLIGENCE OR OTHERWISE) ARISING IN ANY WAY OUT OF THE USE OF THIS SOFTWARE, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGE.

The above BSD License is intended to be compatible with the BSD License template published at http://opensource.org/licenses/bsd-license.php .

            d.         Attribution.  Those who use Code Components under the license granted under Section 4.c above are requested to attribute each such Code Component to IETF and identify the RFC or other IETF Document or IETF Contribution from which it is taken.  Such attribution may be placed in the code itself (e.g., “This code was derived from IETF RFC [insert RFC number].  Please reproduce this note if possible.”), or any other reasonable location.

5.         License Limitations

            a.         No Patent License.  The licenses granted under these Legal Provisions shall not be deemed to grant any right under any patent, patent application or similar intellectual property right.

            b.         Supersedure.  The terms of any license granted under these Legal Provisions may be superseded by a written agreement between the IETF Trust and the licensee that specifically references and supersedes the relevant provisions of these Legal Provisions, except that (i) the IETF Trust shall in no event be authorized to grant rights with respect to any Contribution in excess of those which it has been granted by the Contributor, and (ii) the rights granted shall not be less than those otherwise granted under these Legal Provisions.

            c.         Pre-5378 Material.  In some cases, IETF Contributions or IETF Documents may contain material from IETF Contributions or IETF Documents published or made publicly available before November 10, 2008 as to which the persons controlling the copyright in such material have not granted rights to the IETF Trust under the terms of RFC 5378 ("Pre-5378 Material").  If a Contributor includes the legend contained in Section 6.c.iii of these Legal Provisions on such IETF Contribution or IETF Document containing Pre-5378 Materials, the IETF Trust agrees that it shall not grant any third party the right to use such Pre-5378 Material outside the IETF Standards Process unless and until it has obtained sufficient rights to do so from the persons controlling the copyright in such Pre-5378 Material.  Where practical, Contributors are encouraged to identify which portions of such IETF Contributions and IETF Documents contain Pre-5378 Material, including the source (by RFC number or otherwise) of the Pre-5378 Material.

6.         Text To Be Included in IETF Documents.  The following text must be included on the first page of each IETF Document as specified below:

            a.         Submission Compliance for Internet-Drafts.   In each Internet-Draft:

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

            b.         Copyright and License Notice.  In each IETF Document (including RFCs and Internet-Drafts):

Copyright (c) <insert year> IETF Trust and the persons identified as the document authors.  All rights reserved. 

This document is subject to BCP 78 and the IETF Trust’s Legal Provisions Relating to IETF Documents in effect on the date of publication of this document (http://trustee.ietf.org/license-info).  Please review these documents carefully, as they describe your rights and restrictions with respect to this document.

            c.         Derivative Works and Publication Limitations. If a Contributor chooses to limit the right to make modifications and derivative works of an IETF Contribution, then