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Subject: FW: BOUNCE xmlorg@lists.oasis-open.org: Non-member submission from [bosak@ort.Eng.Sun.COM (Jon Bosak)]


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[bosak@ort.Eng.Sun.COM (Jon Bosak)]

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Date: Thu, 28 Oct 1999 22:17:23 -0700
From: bosak@ort.Eng.Sun.COM (Jon Bosak)
Message-Id: <199910290517.WAA06864@ort.eng.sun.com>
To: xmlorg@lists.oasis-open.org
In-reply-to: <85256817.00586C48.00@D51MTA03.pok.ibm.com> 
(sutor@us.ibm.com)
Subject: Re: IPR needs categorization

[Terry Allen:]

| What do we need IPR for?
|
|  - textual contents of XML.org site
|  - software created by XML.org/OASIS aside from DTDs, schemas
|  - DTDs, schemas created by XML.org/OASIS
|  - contents of repository
|  - third-party information, such as user reviews
|  - DTDs, schemas created as part of ebXML activity

For starters, these two would appear to be covered by the implied
copyright that current law invests in all literary productions:

 - textual contents of XML.org site
 - third-party information, such as user reviews

If creators were worried about formal protection, they could register
these productions with their national copyright office.

The rest falls into two categories, software and schemas.  By
"software" I mean executable code.  Since we're not (I think)
considering software developed by others, we have in the first
category just:

 - software created by XML.org/OASIS

My guess is that we would choose one of the existing open source
licensing models.  There is a decision to be made here, but not, I
hope, a mind-boggling one.

Considering

 - contents of repository

it seems that if we eliminate text (covered by default copyright
protection), software developed by others (by hypothesis), and
software developed by XML.org/OASIS (see above), that leaves just
what's in the remaining two items:

 - DTDs, schemas created by XML.org/OASIS
 - DTDs, schemas created as part of ebXML activity

plus this new one:

 - DTDs, schemas created by others

About these, I think we have two problems:

1. What is the legal status of these creatures?  (Too deep for us,
better left to experts.)

2. What scenarios would we like to see?

We have to answer number 2 in order to give the experts any intent to
work with.

I think that the same answer should apply to all DTDs/schemas
developed under any OASIS process; that in fact, this should be part
of what it means to develop something under the OASIS process.  So
whatever we come up with, it should reduce the first two categories to
the same category.  Thus we are left with:

What should be our policy with regard to

   A. DTDs/schemas developed within the OASIS process?

   B. DTDs/schemas developed outside the OASIS process?

I don't know the answers.  But here is a straw man.

   A. DTDs/schemas developed within the OASIS process

      Anyone can use them.  No one can change them outside the process.
      Derivative works... hmm.

   B. DTDs/schemas developed outside the OASIS process

      Anyone can use them.  (Thus, we are not responsible for
      licensing other people's material to third parties.)  No
      one but the person/organization that registered them can
      change them.  (Problem: How do we distinguish submissions
      that are only slightly different from things already
      registered and therefore possibly infringing from those
      that are really different and therefore probably are not?)
      Derivative works... hmm.

Warning: at this point in a discussion I begin to consider radical
solutions, e.g.: we don't accept anything that has not either been
developed within the OASIS process or submitted subject to the same
terms.

Jon




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