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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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