RE: [legalxml-enotary] Restated IPR Disclosure Statement of John Messing

["John Messing" <jmessing@law-on-line.com>]

I appreciate the information. I don't think as a licenser I have
standing to invoke the appeals procedure. I would think the TC would
have to do that if it wanted.

> -------- Original Message --------
> Subject: Re: [legalxml-enotary] Restated IPR Disclosure Statement of
> John Messing
> From: Mary McRae <mary.mcrae@oasis-open.org>
> Date: Mon, April 27, 2009 4:15 pm
> To: John Messing <jmessing@law-on-line.com>
> Cc: legalxml-enotary@lists.oasis-open.org
> 
> 
> Hi John,
> 
> The IPR statement has been posted to the appropriate web page for the  
> TC (http://www.oasis-open.org/committees/legalxml-enotary/ipr.php),  
> and has the public notice effect intended by the OASIS IPR Policy.  
> However, our policy also provides in Section 14 and the Notice  
> language in all specifications, that OASIS takes no position or  
> liability regarding the contents of those statements. OASIS does not,  
> and a TC cannot, take positions about licensing or rights in any other  
> way than the IPR Policy allows, which is to adopt one of our approved  
> 'Modes' in its charter.
> 
> Section 2.17 of the OASIS TC Process requires TCs to follow those  
> modes, and also says: "The TC shall make no formal decision with  
> regard to the applicability or validity of an IPR disclosure." These  
> rules have been in place in this form since at least 2005.
> 
> So, as the Administrator of those rules, I'm required to rule against  
> any TC resolution about licenses or patents, including this one, as  
> out of scope. That's a separate issue from your disclosure statement  
> as a person claiming rights, which we've duly posted.
> 
> You may appeal my decision about the TC's resolution, if you like, as  
> specified in Section 4.2 of the TC Process.
> 
> Regards,
> 
> Mary
> 
> 
> 
> Mary P McRae
> Director, Technical Committee Administration
> OASIS: Advancing open standards for the information society
> email: mary.mcrae@oasis-open.org
> web: www.oasis-open.org
> twitter: fiberartisan  #oasisopen
> phone: 1.603.232.9090
> 
> 
> 
> 
> 
> 
> 
> On Apr 26, 2009, at 10:04 PM, John Messing wrote:
> 
> > I respectfully request the legal authority for this action, which I
> > challenge.
> >
> >> -------- Original Message --------
> >> Subject: [legalxml-enotary] Restated IPR Disclosure Statement of John
> >> Messing
> >> From: Mary McRae <mary.mcrae@oasis-open.org>
> >> Date: Sun, April 26, 2009 4:23 pm
> >> To: legalxml-enotary@lists.oasis-open.org
> >>
> >>
> >> To all Members of the LegalXML eNotarization Technical Committee:
> >>
> >> Re: http://lists.oasis-open.org/archives/legalxml-enotary/200706/msg00000.html
> >>
> >> It has been brought to my attention that John Messing provided an IPR
> >> statement to the Technical Committee, and the Technical Committee
> >> voted to approve the statement. As Technical Committee  
> >> Administrator I
> >> must invalidate that vote - TCs do not, and cannot, take positions on
> >> licenses or IPR; under our IPR Policy Mr. Messing's notice is simply
> >> his own assertion, and OASIS takes no position on its merit.
> >>
> >> Respectfully submitted,
> >>
> >> Mary McRae
> >>
> >>
> >> Mary P McRae
> >> Director, Technical Committee Administration
> >> OASIS: Advancing open standards for the information society
> >> email: mary.mcrae@oasis-open.org
> >> web: www.oasis-open.org
> >> twitter: fiberartisan  #oasisopen
> >> phone: 1.603.232.9090
> >>
> >>
> >>
> >>
> >>
> >>
> >>
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> >
> >
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> 
> 
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