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Subject: RE: [emergency] Re: Circle and Polygon
Thanks Carl, although the literal reading of that sentence is that OGC takes no indemnification responsibility beyond it's own due diligence and that members jointly indemnify each other. That is consistent with other policies in other consortia. I am not familiar with OGC policy and am grateful for your clarification. <offtopic> Do note that if the changes to the USPTO and patent laws being promoted under the overhaul of the system proposed by Microsoft and others goes forward, it is possible that prior art will not be a defense because of the change away from "first to invent" to "first to file". </offtopic> len From: Carl Reed [mailto:creed@opengeospatial.org] Len - The OGC has a very well defined intellectual property policy designed to insure that all of our specifications are freely available, patent free, and royalty free. We do patent calls, we have members sign various forms, and so on and so forth. The sentence you reference is provided in our documents because we do not know what exists in the big wide world outside the membership. However, that said, we have never had a patent issue or IPR issue (except once) that we have not been able to resolve by referencing valid and pertinent prior art. The one instance was in Japan for WMS version 1.1. In no case anywhere in the world has anyone claimed any issues WRT IPR/patents and GML. This may be perhaps that much of GML is grounded in various ISO standards. In terms of using OGC spec content in OASIS documents, there is not an issue. Simple need to reference copyright in the OASIS document.
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