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Subject: FW: BOUNCE xmlorg@lists.oasis-open.org: Non-member submission from [bosak@ort.Eng.Sun.COM (Jon Bosak)]
Forwarded message ... -----Original Message----- From: owner-xmlorg@lists.oasis-open.org [SMTP:owner-xmlorg@lists.oasis-open.org] Sent: Friday, October 29, 1999 3:18 AM To: owner-xmlorg@lists.unicomp.net Subject: BOUNCE xmlorg@lists.oasis-open.org: Non-member submission from [bosak@ort.Eng.Sun.COM (Jon Bosak)] >From owner-xmlorg@lists.unicomp.net Fri Oct 29 03:18:00 1999 Received: from mercury.Sun.COM (mercury.Sun.COM [192.9.25.1]) by lists.unicomp.net (8.8.7/8.8.7) with ESMTP id DAA29236 for <xmlorg@lists.oasis-open.org>; Fri, 29 Oct 1999 03:18:00 -0500 Received: from engmail2.Eng.Sun.COM ([129.146.1.25]) by mercury.Sun.COM (8.9.3+Sun/8.9.3) with ESMTP id BAA00202 for <xmlorg@lists.oasis-open.org>; Fri, 29 Oct 1999 01:28:59 -0700 (PDT) Received: from ort.eng.sun.com (ort.Eng.Sun.COM [129.146.83.139]) by engmail2.Eng.Sun.COM (8.9.1b+Sun/8.9.1/ENSMAIL,v1.6) with SMTP id BAA02425; Fri, 29 Oct 1999 01:28:59 -0700 (PDT) Received: by ort.eng.sun.com (SMI-8.6/SMI-SVR4) id WAA06864; Thu, 28 Oct 1999 22:17:23 -0700 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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