RE: [chairs] Comment on Leave of Absence ( Interaction between IPR Policy and TC Process)

["Jim Keane \(JKeane.Law.Pro\)" <jik@jkeane.com>]

I fear I may a good example. I had been co-chairing OdrXML till September
when I was diagnosed with a serious condition.  I advised my co-chair and
Jamey, Vice Chair Dan Greenwood and our official American Bar rep, John
Messing, and John Grecean of the CourtFiling 

I have been too ill to keep up with the list. I want to return but have been
sidelined.  Coming from the LegalXML side of the house, I also am a strong
advocate of Open and Transparent proceedings and would defer to my
colleagues, who are very knowledgeable.

Things are going pretty well with my treatments.
I hope to return next year but wish every well and keep up this important
work.

 

-----Original Message-----
From: Hal Lockhart [mailto:hlockhar@bea.com] 
Sent: Friday, December 03, 2004 12:08 PM
To: tcproc-member-review@lists.oasis-open.org; chairs@lists.oasis-open.org
Subject: [chairs] Comment on Leave of Absence ( Interaction between IPR
Policy and TC Process)

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