Re: [legalcitem] Motion to request a Special Majority Vote on requesting affiliation with the LegalXML Member Section

[Chet Ensign <chet.ensign@oasis-open.org>]

Hi Fabio, 

Sure thing. First, to set the stage: when you first circulated the motion, Robin Cover wrote us to point out that the LegalXML Member Section includes a provision that TCs wishing to be affiliated must adopt RF on Limited Terms. I just checked the MS Rules of Procedure (http://www.legalxml.org/governance/rules_of_procedures.shtml) to read it myself and I found that language in section g. where it reads: 

"g. Any provisions that apply to affiliated OASIS Technical Committees

     a. The Affiliated TCs must choose in their TC Charters to operate under the Royalty Free on Limited Terms IPR mode allowed by the OASIS TC Process policy." 

Now I don't know the history behind this particular rule. The LegalXML MS is, I believe, the longest standing at OASIS and the rules were drafted many years ago. 

As regards the IPR modes themselves, let me just address RF on Limited versus Non-Assertion. (The IPR modes are covered in the IPR Policy at https://www.oasis-open.org/policies-guidelines/ipr#types_obligations). 

The nuance of the modes that I believe is important here is this: under (royalty free) RF on Limited Terms mode, a party wishing to implement an OASIS Committee Specification or Standard may, if they wish, come to the TC and request that members give them a license for its use and the members must provide that license. The specific language is: "... each Obligated Party in such TC hereby covenants that, >>>>  upon request <<< ... it will grant to any OASIS Party or third party: a nonexclusive, worldwide, non-sublicensable, perpetual patent license..."  etc. 

Under the Non-Assertion mode, each member agrees to a covenant that reads, in part, that "... it will not assert any of its Essential Claims covered by its Contribution Obligations or Participation Obligations against any OASIS Party or third party for making... and otherwise distributing Covered Products that implement an OASIS Standards..." In other words, 'we won't assert any claims so you don't need to ask for a license.' 

Jamie Clark of course is the person who can really talk us through this in detail, but this I think is the critical item: RF on Limited allows licenses but only on limited terms; Non-Assert gets rid of the question of licensing completely. 

The *difficulty* here is that under OASIS TC Process rules, the only way a TC can change IPR mode is to close down and restart under a new name, new shortname, and the new IPR mode. It can be done so that the new TC can pick up with the work of the former TC however it is a lot of work to do it. And this is understandable given that the choice of IPR mode is so fundamental to the commitments that the participants make when they join the Technical Committee. 

Also, given the above, I think it is safe to say that we all wouldn't want to change the Legal Citations Markup IPR mode to RF on Limited Terms. Non-Assertion is precisely what we believe is wanted to encourage adoption of the resulting OASIS Standard. 

So >> if << the LegalXML MS wanted to ensure RF on Limited, not to deny Non-Assertion but rather to rule out the more restrictive RF on RAND or RAND modes (and again, it was a long time ago and I do not know the thinking then), then the MS might be willing to waive that requirement for the TC. 

As to the LegalDocumentML TC, the change may be worth considering even though it is a chore. If you wanted to have a conversation about the pros and cons, it might make sense to invite Jamie and me to a TC meeting to go over these things in detail. I can tell you that to the best of my knowledge, no one has changed their IPR mode to date. But for LegalDoc, it might make sense. 

/chet

On Tue, Apr 15, 2014 at 5:50 PM, Fabio Vitali <fabio@cs.unibo.it> wrote:

Dear Chet,

could you please clarify the issue about IPR in this context? I see in

https://www.oasis-open.org/policies-guidelines/ipr

that there are several options for IPR including
* RAND
* RF on Limited Terms
* RF on RAND terms
* Non-Assertion

I see that there are several evident and other subtle differences. I remember that it was proposed for LegalDocML to switch from RF on Limited terms to Non-Assertion, and I wonder what this entails and if this would be appopriate for this group as well.

Can you clarify a bit, please?

Ciao

Fabio
--

> Hi John, hi Fabio,
>
> Perhaps we can put this on the agenda for tomorrow's meeting.
>
> Fabio, you put forth an online motion that was seconded but that never came to a vote. Perhaps we can make and approve this motion at tomorrow's meeting:
>
> I move that the chairs of the LegalCiteM TC request that TC
> Administration carry out a Special Majority Vote on approving a request by the
> TC to affiliate with the LegalXML Member Section with an additional request
> that the Member Section waive its requirement that member TC's IPR modes
> must be RF on Limited Terms mode.
>
> Jim C., do you think the Member Section Steering Committee would be amenable to waiving the RF on Limited requirement if asked?
>
> Best regards,
>
> /chet
> ----------------
> Chet Ensign
> Director of Standards Development and TC Administration
> OASIS: Advancing open standards for the information society
> http://www.oasis-open.org
>
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>
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>
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--

Fabio Vitali                            Tiger got to hunt, bird got to fly,
Dept. of Computer Science        Man got to sit and wonder "Why, why, why?'
Univ. of Bologna  ITALY               Tiger got to sleep, bird got to land,
phone:  +39 051 2094872              Man got to tell himself he understand.
e-mail: fabio@cs.unibo.it         Kurt Vonnegut (1922-2007), "Cat's cradle"
http://vitali.web.cs.unibo.it/

--

/chet 
----------------
Chet Ensign
Director of Standards Development and TC Administration 
OASIS: Advancing open standards for the information society
http://www.oasis-open.org

Primary: +1 973-996-2298
Mobile: +1 201-341-1393 

Check your work using the Support Request Submission Checklist at http://www.oasis-open.org/committees/download.php/47248/tc-admin-submission-checklist.html 

TC Administration information and support is available at http://www.oasis-open.org/resources/tcadmin

Follow OASIS on:
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