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Subject: RE: [ebxml-cppa] ... CPPA Specification ... any IPR Position ...
Thanks, Karl, this was very helpful information. My comments below. >CPPA TC members: To clarify a few things: Kartha asks if the spec can >be withdrawn later, as Dale suggests the TC could do. The answer is Yes. >According to the OASIS TC Process, last sentence of the second paragraph >of Section 2 >(http://www.oasis-open.org/committees/process.shtml#sec2) the TC may >withdraw a submitted specification any time before the end of the voting >period. Furthermore (fourth paragraph), if any negative votes are cast >against the spec the TC may vote to withdraw the spec after voting has ended. I think the practical difference would be that (1) Now, it requires a supermajority to advance the standard. By Dale's vote count, two "no" votes would defeat the motion. (2) Then, on a withdrawal motion, I assume it would take a majority vote (11?) to withdraw. But I am no OASIS rules expert, so anyone should feel free to correct me. >*** Given sufficient negative votes it would not become an OASIS Standard, >but at least it would still be a Committee Specification, which say that >the spec is complete and it is implementable. If the TC decides not to >approve the spec, however, we won't have anything that can be called >completed, inplementable work. This is why my suggestion for the outside limit -- of a useful objection -- was to vote "YES" for the committee spec and "NO" as an OASIS-wide submission for 2Q 2002. And I would to like to encourage anyone casting a "no-no" vote to at least consider changing to the foregoing if they can. >One final note: submitting the spec to OASIS requires that three OASIS >members certify that they have implemented the spec *** [and] the three >members must also state that their implementations are in compliance with >the IBM license. Is this going to be a problem? Yipes. Good catch. Does anyone know about this one? Are we considering promoting to an OASIS Standard in vain? ~ James Bryce Clark ~ VP and General Counsel, McLure-Moynihan Inc. www.mmiec.com ~ Chair, ABA Business Law Subcommittee on Electronic Commerce ~ www.abanet.org/buslaw/cyber/ecommerce/ecommerce.html ~ 1 818 597 9475 jamie.clark@mmiec.com jbc@lawyer.com ~ This message is neither legal advice nor a binding signature. Ask me why.
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