[ebxml-cppa] Fwd: RE: ebXML CPPA BALLOT version 2.0 Approval and OASISsubmission

[James Bryce Clark <jamie.clark@mmiec.com>]

[This is an excerpt, forwarded to the team list for archival purposes.]

>Date: Sun, 26 May 2002 11:20:55 -0700
>To: [voting members list]
>From: James Bryce Clark <jamie.clark@mmiec.com>
>Subject: RE: ebXML CPPA BALLOT version 2.0 Approval and OASIS submission
>
>*** [[The ebXML JCC] have asked IBM (through OASIS) for some clarification 
>on difficult new points raised by the May revised IP statement.   The May 
>revision did resolve the most important March question about royalty-free 
>use, but in my view, it also introduced several new issues not present in 
>March.  Principally these are an unquantified request for reciprocation, 
>and a limitation to current versions of the CPPA spec that creates doubt 
>about future versions and legitimate types of derivative work.  I continue 
>to believe that these are entirely resolvable issues, but the perceived 
>desire to move v2.0 ahead in the 2nd quarter OASIS schedule is crowding us.
>
>Last month we noted that we would look for resolution of the IP issues as 
>part of our decision process for the second vote, which is now upon us.  I 
>am concerned that by an unqualified positive vote, we would be giving IBM 
>a message that its IP reservations create no material problems.  I am 
>concerned that the foregoing message would be premature, while genuine and 
>cooperative attempts to clarify the issues are still underway.  As they 
>are.  I will hold my votes until the 30th to see if further progress is 
>made by that time.  I would vote in favor of a delay if it is put before 
>the group.  If forced to vote today, prior to any further progress between 
>OASIS and IBM, I would be inclined to vote for the TC standard and against 
>its advancement as an OASIS-wide standard.
>
>All parties involved are attempting to act and resolve matters in good 
>faith, and without rancor, and for myself I am quite pleased that we are 
>proceeding in that tone.
>
>I also will post a copy of this message, minus identifiers of others, to 
>the archived list in order to maintain an open record.
>
>Regards   Jamie Clark
>
>~ James Bryce Clark
>~ VP and General Counsel, McLure-Moynihan Inc.   www.mmiec.com
>~ Chair, ABA Business Law Subcommittee on Electronic Commerce
>~ www.abanet.org/buslaw/cyber/ecommerce/ecommerce.html
>~ 1 818 597 9475   jamie.clark@mmiec.com   jbc@lawyer.com
>~ This message is neither legal advice nor a binding signature.  Ask me why.