Comment on Leave of Absence ( Interaction between IPR Policy and TC Process)

["Hal Lockhart" <hlockhar@bea.com>]

I hope it is not too late for this comment. I'm also posting it to the chairs list to stimulate comment.

Now that I have seen the IPR Policy and TC Process side by side I see more issues relating to their interactions. One of these is the impact of a leave of absence on Participant Obligations. Although it does not say it anywhere explicitly, based on my understanding of the various definitions, it appears that while on leave of absence an individual remains a Member for the purposes of incurring a Participant Obligation. This means that during the LOA the 60 clock continues to run. It also means that if the TC votes a Committee Draft while an individual is on LOA, they may forfeit their right to withdraw to avoid incurring a Participant Oblogation.

1. Whatever the policy is regarding LOA, it should be clearly stated somewhere, probably in the IPR Policy.

2. On the one hand the idea that when you are on LOA these things can happen to you as if you were an active member might seem illogical. On the other hand, it can be argued that a person taking an LOA as opposed to resigning intends to continue their participation and therefore will incur a Participant Obligation sooner or later. Certainly as a chair, tracking Participant Obligations is going to be enough work that I am not looking for more complexity. (And I don't believe for a minute that I will be able to depend on Kavi to do this for me.)

Perhaps the best compromise is to leave the 60 day counter alone and whenever a TC votes a CD have the chairs notify everyone who has made an IP declaration, even if their only rep is on LOA.

Hal