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Subject: Re: re workprocess IPR placeholder
I think that we have two points to decide here: 1. Copyright and the right to use or modify schemas. 2. Patents and the problem of what happens when a participant in a standards committee knowingly or unknowingly induces the standard to be written in such a way that users of the standard run into a patent claim. I think that the IETF policy Terry was pointing to is mainly concerned with the second point. W3C has been wrestling with this for a while. Their current approach is for the person representing a member organization to file a statement like this one when announcing that organization's intention to participate in an activity: To the best of my knowledge, I believe my organization has/doesn't have IPR claims regarding [subject]. Notice that if the representative is careful to remain scrupulously ignorant of his or her organization's IPR claims, this statement can always safely be made regardless of the actual state of those claims. Why not require something stronger, like the IETF statement? Where the IESG knows of rights, or claimed rights under (A), the IETF Executive Director shall attempt to obtain from the claimant of such rights, a written assurance that upon approval by the IESG of the relevant Internet standards track specification(s), any party will be able to obtain the right to implement, use and distribute the technology or works when implementing, using or distributing technology based upon the specific specification(s) under openly specified, reasonable, non-discriminatory terms. Alas, this too suffers from epistemological bogosity, relying as it does entirely on the state of knowledge of the IETF executive director about what some company out there may or may not secretly have in process with the Patent Office. This is just hand-waving. One is tempted simply to say that any organization entering a standards process must declare its IPR related to that process and promise to license it to everyone. Here we come up against a really difficult problem: it's very difficult for *anyone* in a company of any size to know what's actually been claimed. There are levels of this: one might know what's been claimed, but suppose it's turned down before it becomes approved; then disclosing prematurely would be giving away a trade secret. I can think of two positions that might make sense. 1. Every OASIS member organization and every individual member agrees as a condition of membership to license on reasonable terms to any other OASIS member any IPR under their control that is needed to make use of any standard developed under the OASIS process. This then becomes a very important part of what it means to be an OASIS member and what it means to develop standards within OASIS. 2. We give up on all attempts to control IPR in the area of patents. I don't see any viable middle ground here. Jon
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