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Subject: Re: [ebxml-cppa] Assembled draft language for reference, discussion,and change by motions tomorrow






Regarding the response to the DoN:  The DoN comment does not mention open
source.  Therefore it is probably better not to introduce that point.  The
CPL, if I remember correctly, does not eliminate the need for the
originator of open source software to get an individual CPL license, so the
fact that open source is now explicitly covered by the IBM statement may
not satisfy DoN.

Regards,
Marty

*************************************************************************************

Martin W. Sachs
IBM T. J. Watson Research Center
P. O. B. 704
Yorktown Hts, NY 10598
914-784-7287;  IBM tie line 863-7287
Notes address:  Martin W Sachs/Watson/IBM
Internet address:  mwsachs @ us.ibm.com
*************************************************************************************


                                                                                                                         
                      Dale Moberg                                                                                        
                      <dmoberg@cycloneco        To:       "Cppalist (E-mail)" <ebxml-cppa@lists.oasis-open.org>          
                      mmerce.com>               cc:                                                                      
                                                Subject:  [ebxml-cppa] Assembled draft language for reference,           
                      11/07/2002 05:23           discussion, and change by motions tomorrow                              
                      PM                                                                                                 
                                                                                                                         
                                                                                                                         



I have modified some claims below at the suggestion of TC participants.
Thanks to all who made suggestions.

1. For OASIS:<?xml:namespace prefix = o ns =
"urn:schemas-microsoft-com:office:office" />

"Despite the two negative votes on nontechnical issues,
the OASIS ebXML CPPA TC agrees that their specification,
Collaboration-Protocol Profile and Agreement Specification
Version 2.0, should become an OASIS Standard."




2. Comment response. Should we send this to the organization's
representative? Should anything else be done with it?
From http://lists.oasis-open.org/archives/tc-voting/200210/msg00046.html
Comment:  LMI views with significant concern the actions of IBM with
respect to IP claims on the CPPA specification.  IBM publicly stated that
the IBM TPA was being transferred unencumbered to ebXML.  IBM's subsequent
claim of IP rights and associated requirements casts a serious pall over
their dealings with ebXML and the viability of that initiative, and is not
in keeping with the spirit and intent of ebXML.  Unfortunately, the ebXML
CPPA Technical Committee has not adequately addressed this issue prior to
submitting the specification for consideration as an OASIS standard.
Further, OASIS has not properly resolved this issue in accordance with
their responsibility to membership to promote OASIS standards that are
unencumbered by IP claims.  LMI regretfully votes against this much needed
specification and will continue to do so until such time as either IBM has
waived all IP claims, or the specification is reworked to remove the
possibility of any such IP claim.  Further, LMI will continue to vote
against any other candidate OASIS standard (such as what is being developed
by the WSRP TC) in which IP claims are involved.  OASIS must be about free,
open, unencumbered public standards.

The OASIS ebXML CPPA TC has taken no stance on the validity of claims found
in http://www.oasis-open.org/committees/ebxml-cppa/ibm_ipr_statement.shtml.
OASIS has not indicated that the IBM IPR statement does not conform with
any specific provision of its IPR policy found at
http://www.oasis-open.org/who/intellectualproperty.shtml. OASIS has not
indicated to the OASIS ebXML TC that its specification conflicts with any
provision of the OASIS IPR policy mentioned above. The OASIS ebXML CPPA TC
does not believe it is possible to revise its specification in such a way
that these claims, including one whose scope is unknown, and any as yet
undisclosed future patent claims affecting implementation of the
specification, could be avoided. The OASIS ebXML CPPA TC does not see that
it is within its power or charter to directly alter the IPR situation to
which you object.


From http://lists.oasis-open.org/archives/tc-voting/200210/msg00047.html
Comment:  The Department of the Navy (DON) vote of NAY on the ebXML CPPA
specification is specifically related to the pending IP claim by IBM.  The
DON is in the process of adopting an open standards approach to XML
implementation. Therefore, OASIS TC specifications encumbered by IP claims,
are a significant hindrance to this approach.

The OASIS ebXML CPPA TC has taken no stance on the validity of claims found
in http://www.oasis-open.org/committees/ebxml-cppa/ibm_ipr_statement.shtml.
OASIS has not indicated that the IBM IPR statement does not conform with
any specific provision of its IPR policy found at
http://www.oasis-open.org/who/intellectualproperty.shtml. OASIS has not
indicated to the OASIS ebXML TC that its specification conflicts with any
provision of the OASIS IPR policy mentioned above.
[The OASIS ebXML CPPA TC would like to point out that an open source
approach to implementation of the freely available OASIS ebXML CPPA v 2.0
specification is explicitly endorsed in the recent update to the IBM IPR
statement at
http://www.oasis-open.org/committees/ebxml-cppa/ibm_ipr_statement.shtml—one
comment is that open source APIs without the need to relicense may not be
relevant to an open standards approach. If so, we can delete this
sentence.]



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