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Subject: RE: [emergency] Re: Circle and Polygon

Len -

<off-topic> Yes, but not for legacy patents. I am sure our legal counsel,
who is nationally recognized as an expert in IPR as it relates to
consortia and standards organizations, is watching this move in Congress
very closely.


> 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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