[CWG-Stewardship] Fwd: FW: Draft IANA License Agreement

Greg Shatan gregshatanipc at gmail.com
Mon Aug 8 22:29:05 UTC 2016


All,

Please see below and attached regarding the latest draft of the IANA IPR
license agreement.  Please read the cover email from Josh Hofheimer (CWG
counsel from Sidley) carefully.  Please note that this form will be used to
create 3 parallel licenses, one for each IANA Service, each of which will
run between the IETF Trust and the IANA Operator (currently, ICANN).

Please review and reply with any comments you may have.

Best regards,

Greg

---------- Forwarded message ----------
From: Hofheimer, Joshua T. <jhofheimer at sidley.com>
Date: Mon, Aug 8, 2016 at 6:18 PM
Subject: FW: Draft IANA License Agreement
To: Greg Shatan <gregshatanipc at gmail.com>, Jonathan Robinson <
jrobinson at afilias.info>, Lise Fuhr <lise.fuhr at difo.dk>
Cc: "Flanagan, Sharon" <sflanagan at sidley.com>, "Gregory, Holly" <
holly.gregory at sidley.com>, "Grapsas, Rebecca" <rebecca.grapsas at sidley.com>,
"Resnick, Yael" <yresnick at sidley.com>


Dear Client Committee,



Attached is a clean working draft of the IPR License Agreement.  As with
the Community Agreement, this is an iterative version prepared jointly by
counsel (Sidley) to the CWG and counsel to the IETF Trust to reflect the
7-point discussion items.  To be clear, it is an ongoing work in progress,
but we believe ready for the CWG to have an opportunity for review.  This
is intended to be released for public comment on Thursday, August 11, along
with a revised draft of the Community Agreement.



Two redlines are attached, plus the clean:

·        PDF marked against the ICANN draft on August 2.

·        Redline Track Changes marked against the IETF Trust draft on July
30

·        Clean draft, August 8



The redlines appear heavily marked as they predate the 7-Point discussion
items reviewed with CWG previously.  The main changes here are to cut back
any independent discretion the IETF Trust might have exerted over the
performance and quality of the IANA Services.  This license agreement along
with the Community Agreement, makes clear the oversight of the IANA
Services is reserved to the applicable Operational Community – Names,
Number or Protocols, as applicable.  Otherwise, we believe this draft
effectively implements the compromises reached and reflected in the 7-Point
discussion items.



Thank you in advance for your prompt attention to this matter.



Cheers,

Josh





*Joshua Hofheimer*

*Sidley Austin LLP*

*jhofheimer at sidley.com <jhofheimer at sidley.com>*

*(213) 896-6061 <%28213%29%20896-6061> (LA direct)*

*(650) 565-7561 <%28650%29%20565-7561> (Palo Alto direct)*

*(323) 708-2405 <%28323%29%20708-2405> (cell)*



*From:* iana-ipr-bounces at nro.net [mailto:iana-ipr-bounces at nro.net] *On
Behalf Of *Jorge Contreras
*Sent:* Monday, August 08, 2016 2:44 PM
*To:* iana-ipr at nro.net
*Subject:* [Iana-ipr] Draft IANA License Agreement



All – attached is a revised draft of the IANA IPR License Agreement
template, reflecting substantial discussions among the legal team over the
last several days, as well as input from various communities.



A clean version with a few comments for your consideration is attached, as
well as a version marked against ICANN’s version of Aug. 2.



Please feel free to send any comments, corrections or discussion by email
in advance of our Wednesday call.



Best regards

Jorge



Jorge L. Contreras

Contreras Legal Strategy LLC

1711 Massachusetts Ave. NW, No. 710

Washington, DC 20036

contreraslegal at att.net



The contents of this message may be attorney-client privileged and
confidential.  If you are not the intended recipient, please delete this
message immediately.





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