Internet-Draft IETFIPMC February 2026
Deen & Berdan Expires 25 August 2026 [Page]
Workgroup:
gen
Internet-Draft:
draft-deen-ietf-ipmc-update-latest
Published:
Intended Status:
Informational
Expires:
Authors:
G. Deen
Comcast-NBCUniversal
K. Berdan
Internet Security Research Group

Update to Recognize the IETF IPMC as the IETF Trust Successor

Abstract

This document updates IETF documents that reference the IETF Trust to include the Trust's successor, the IETF Intellectual Property Management Corporation.

Discussion of this draft is on the ipr-wg@ietf.org mailing list.

About This Document

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

The latest revision of this draft can be found at https://gitnnelg.github.io/draft-deen-ietf-ipmc-update/draft-deen-ietf-ipmc-update.html. Status information for this document may be found at https://datatracker.ietf.org/doc/draft-deen-ietf-ipmc-update/.

Discussion of this document takes place on the genarea 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/.

Source for this draft and an issue tracker can be found at https://github.com/gitnnelg/draft-deen-ietf-ipmc-update.

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 25 August 2026.

Table of Contents

1. Introduction

The IETF Trust, a Virginia trust, was established in 2005 as the intellectual property rights (IPR) manager for the IETF. The IETF Trust has held and managed IPR, including those granted by authors of IETF Contributions and IETF Documents following the terms of BCP78, currently specified in [RFC5378] and its predecessors.

The IETF Intellectual Property Management Corporation (IPMC), a Delaware not-for-profit corporation was established in December 2022 with the intention of being the successor to the IETF Trust, replacing it and assuming all of its roles and responsibilities. Since its establishment the IETF IPMC has been undertaking the necessary steps to establish itself as a 501c3 non-profit, to prepare for and execute the transfer of all assets held by the IETF Trust, and to update where necessary agreements and IETF documents to complete the task of assuming the role as the replacement of the IETF Trust.

This document updates RFC 5378, RFC8714, RFC8721 and other IETF documents to recognize that the IETF IPMC is now the proper custodian of all IETF-related intellectual property rights and successor in interest to the IETF Trust.

2. Updates

2.1. References to the IETF Trust in IETF RFCs and BCPs

All references to “IETF Trust” in any IETF document, including RFCs, BCPs, Internet-Drafts, and other IETF publications, shall be read and interpreted as referring to the IETF Intellectual Property Management Corporation (IETF IPMC) as the successor entity.

The IETF IPMC has assumed all rights, responsibilities, and obligations previously held by or attributed to the IETF Trust in such documents.

2.2. Websites and URLs

2.2.1. IETF IPR: ietf.org/ipr and ietf.org/process/ipr

The IETF publishes information on intellectual property rights (IPR) at IETF IPR and more general information at ietf IPR process dealing with IETF IPR topics in general and including patents.

The IETF Trust and the IETF IPMC do not handle patents. The IETF continues to handle patent considerations and there is no change to this under this update to recognize the IETF IPMC.

2.2.2. IETF Trust: trustee.ietf.org

The IETF Trust, historically has published information related to licensing, assets, finances and notices of actions and changes on it's web site https://trustee.ietf.org. This web site shall be maintained in perpetuity as URLs to it appear in published documents and the Trust Legal Provisions (TLP) version 1.0-5.0 that were active at the time of an I-D submission and the date of a RFC publication will continue to apply to those works even after subsequent transfer of those IPR assets to the IETF IPMC. The existing URLs in the required copyright boilerplate and other sections of I-Ds and RFCs will continue to work correctly for users of those documents.

2.2.3. IETF IPMC: www.ietf-ipmc.org

The IETF IPMC, has established https://www.ietf-ipm.org as its official corporate website which it will use to publish governance and operational information including bylaws and financial statements, along with the updated Technical Legal Provisions (TLP 6.0) which provide licensing terms for I-Ds and RFCs whose copyrights are held by the IETF IPMC.

2.3. Update to URLs in RFC5378

The existing URLs in RFC5378 which reference the IETF Trust web site (https://trustee.ietf.org/) will continue to be maintained as they appear in published documents and will be maintained in perpetuity. There is no need to update or modify existing references in I-Ds or RFCs.

Additionally, RFC5378 is hence updated to include the IPMC web site as the location for the IETF IPMC's licensing information for the assets help by the IETF IPMC, including an updates to the IETF Trust Legal Provisions (TLP) 5.0 which have been renamed the IETF IPMC Technical Legal Provisions (TLP) and updated to version 6.0.

2.4. Use of IETF Trust and IETF IPMC in other IETF IPR Framework Documents

The intellectual property rights framework for IETF contributions is established in RFC 5378 (BCP 78). The IETF Trust has implemented this framework through its Trust Legal Provisions at https://trustee.ietf.org/documents/trust-legal-provisions, and the IETF IPMC will continue this implementation as the successor entity.

All references to the IETF Trust in [RFC5378] and related operational documents shall be read as referring to the IETF IPMC effective upon the transition.

Updated versions of required copyright notices in I-Ds and RFCs reflecting this change can be found in Section 6 of the IPMC TLP at https://www.ietf-ipm.org/tlp.

Note that no required retroactive changes of copyright notices in prior IETF documents are to be made.

Note as well, while it is not necssary to update pre-IPMC copyright notices, it is correct and accurate to refer to the IETF IPMC as the holder of all the intellectual property rights and assets previously held by the IETF Trust, since these have all been moved to the IETF IPMC.

2.5. RFC8721 Advice to the IPMC Directors on the IETF IPMC on Rights to be Granted in IETF Documents

[RFC8721] provides advice to the IETF Trustees of the IETF Trust on rights to be granted in IETF documents. This advice is updated to be directed at the IETF IPMC Board of Directors.

2.6. Intellectual Property Rights Held by IETF Trust

The rights held by the IETF Trust have transferred to the IETF IPMC, as the successor the IETF Trust. Inquiries regarding licenses and other IPR topics should now be made to the IETF IPMC.

2.7. RFC Streams

[RFC8729] defines a series of RFC Streams - IETF, IAB, IRTF and Independent Stream and [RFC9920] adds the Editorial Stream that are the different distinct publication streams under the RFC Series. Mentions of the IETF Trust and intellectual property rights management in RFC8729, RFC9920 and their related RFCs is updated to recognize the IETF IPMC as the successor and replacement to the IETF Trust as the party responsible for providing the role of copyright holder and manager for those RFC Streams.

As described the IETF Trust TLP 5.0 section 8, the IETF IPMC is assuming the management of the IP rights for the RFC Series streams declared in the TLP 5.0. Additionally, the IETF IPMC also assumes this role for the Editorial RFC Stream which was created after TLP 5.0 was published.

Additional details on the RFC Series Streams can be found in the IETF IPMC TLP version 6.0.

2.8. IETF Trustees and IPMC Directors

[RFC8714] defines the selection and recall processes for IETF Trustees, under which Trustees are directly selected by the designated selecting organizations (the IETF NomCom, the IESG, and the ISOC Board of Trustees) to serve as Trustees of the IETF Trust.

The process for selecting IETF IPMC Directors is structurally different but functionally equivalent. While IPMC Directors are not appointed directly by the selecting organizations, the outcome is the same: director selection authority is effectively exercised by the same RFC 8714-designated bodies, and director terms track the same durations specified in RFC 8714 for IETF Trustees.

2.8.1. Corporate Governance Context

The IETF IPMC is a Delaware nonstock corporation with no members. Because Delaware General Corporation Law (DGCL) does not provide for the appointment of directors by third-parties, such corporations typically operate with self‑perpetuating boards, meaning that directors are elected by the sitting board rather than by members or shareholders or third-parties. This governance model is expressly reflected in the IPMC bylaws.

2.8.2. IPMC Director Selection Mechanism

The process for IPMC board composition is defined in IPMC Bylaws § 3.3, and operates as follows:

  • Initial Board Formation (§ 3.3(a))

The initial directors of the IPMC were the IETF Trustees serving at the time of the IPMC’s incorporation. This ensured continuity of fiduciary responsibility and alignment between the Trust and the newly formed IPMC.

  • Subsequent Director Selection (§ 3.3(b))

Upon expiration of an IPMC director’s term or their resignation, the sitting IPMC Board elects a successor director. However, the pool of eligible candidates is constrained:

  • Each director seat is associated with a specific nominating organization (IETF NomCom, IESG, or ISOC Board of Trustees), consistent with RFC 8714.

  • When a term expires or a director resigns, the relevant nominating organization selects the individual to be nominated.

  • That individual is then submitted to the IPMC Board, which is then required under the bylaws to formally elect the nominee as a director.

In practice, this means that while the legal act of election is performed by the IPMC Board (as required by Delaware law), the substantive selection authority rests with the RFC 8714-designated nominating organizations.

2.8.3. Protection of Nominating Organization Rights

The rights of the nominating organizations are protected by IPMC Bylaws § 3.6. That provision restricts the Board’s ability to:

  • Modify eligibility requirements for directors, or

  • Alter or eliminate the rights of nominating organizations to nominate directors

unless such changes are approved by:

  • A two‑thirds vote of all then‑serving directors, and the affirmative vote of any director representing a nominating organization that would be adversely affected by the change.

The practical effect of this safeguard is that no nominating organization can be disenfranchised or have its representation diluted without its own consent, expressed through its representative director’s affirmative vote. This creates a strong governance lock‑in consistent with both Delaware law and the community‑driven structure envisioned by RFC 8714 and is in fact a more stringent control than exists under the Trust Agreement, where the consent of an affected organization is not required.

2.8.4. IPMC Director Recall

RFC 8714 also defines recall mechanisms for IETF Trustees appointed by each of the selecting organizations.

Within the IPMC governance framework, these RFC 8714 recall authorities are implemented through IPMC Bylaws § 3.3(c). Under that provision:

  • Each nominating organization retains the authority to replace its designated representative on the IPMC Board of Directors.

  • When a nominating organization exercises its recall or replacement authority, the IPMC Board is required under the bylaws to elect the replacement nominee.

As with director selection, the Board’s role is ministerial and legally required under Delaware corporate law, while the decision to recall or replace a director remains entirely with the relevant nominating organization, consistent with RFC 8714.

2.9. IETF IPMC recognition of IETF BCPs

The IETF IPMC bylaws obligate the IETF IPMC to manage IETF assets for the benefit of the IETF. Therefore, the IETF IPMC looks to comply with IETF BCPs, as far as legally possible to guide its directors in carrying out that obligation.

3. Security Considerations

This document has no security considerations.

4. IANA Considerations

This document has no IANA actions.

5. Normative References

[RFC4748]
Bradner, S., Ed., "RFC 3978 Update to Recognize the IETF Trust", RFC 4748, DOI 10.17487/RFC4748, , <https://www.rfc-editor.org/rfc/rfc4748>.
[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>.
[RFC8714]
Arkko, J. and T. Hardie, "Update to the Process for Selection of Trustees for the IETF Trust", BCP 101, RFC 8714, DOI 10.17487/RFC8714, , <https://www.rfc-editor.org/rfc/rfc8714>.
[RFC8721]
Halpern, J., Ed., "Advice to the Trustees of the IETF Trust on Rights to Be Granted in IETF Documents", RFC 8721, DOI 10.17487/RFC8721, , <https://www.rfc-editor.org/rfc/rfc8721>.
[RFC8729]
Housley, R., Ed. and L. Daigle, Ed., "The RFC Series and RFC Editor", RFC 8729, DOI 10.17487/RFC8729, , <https://www.rfc-editor.org/rfc/rfc8729>.
[RFC9280]
Saint-Andre, P., Ed., "RFC Editor Model (Version 3)", RFC 9280, DOI 10.17487/RFC9280, , <https://www.rfc-editor.org/rfc/rfc9280>.
[RFC9730]
Zheng, H., Lin, Y., Zhao, Y., Xu, Y., and D. Beller, "Interworking of GMPLS Control and Centralized Controller Systems", RFC 9730, DOI 10.17487/RFC9730, , <https://www.rfc-editor.org/rfc/rfc9730>.
[RFC9920]
Hoffman, P. and A. Rossi, "RFC Editor Model (Version 3)", RFC 9920, DOI 10.17487/RFC9920, , <https://www.rfc-editor.org/rfc/rfc9920>.

Appendix A. Acknowledgments

The IETF Trustees and IETF Intellectual Property Management Corporation directors during the restructuring of the IETF Trust to the IETF IPMC were: Glenn Deen, John Levine, Joel Halpern, Kathleen Moriarty, Victor Kuarsingh, Jon Peterson, Kristin Berdan, Wendy Seltzer.

Authors' Addresses

Glenn Deen
Comcast-NBCUniversal
Kristin Berdan
Internet Security Research Group