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Subject: Re: Reminder Revised OASIS Membership Agreement - Review ends 15 Nov

At 05:36 PM 11/10/2004 -0500, member_services@oasis-open.org wrote:
>Dear Lofton Henderson,
>[...]Your fellow Individual Members asked about the words below and the 
>words in the current draft of the Membership Agreement.  The words below 
>express the intent - the words in the current version of the MA are one 
>earler attempt at creating the right words.  Your input here would be helpful.

I asked for clarification,
but have gotten none yet.

At our face-to-face meeting this week, several people agreed that the draft 
Membership Agreement -- esp clause 9, together with definitions of 
Necessary Affiliate and Ultimate Parent -- seemed to provide a way for 
individual members to participate.  Specifically, Individual Members whose 
IP is owned by an employer (contract consultant, regular, etc).

The referenced "words below" are imprecise and don't help to answer this 
question.  Is the following a correct reading?  That 9b and 9c, plus 
definitions of Ultimate Parent and Necessary Affiliate -- these together 
aim to provide a way for working Individual Members (on limited-term 
contracts, as regular employees, etc) to participate? By having those for 
whom they work endorse appropriate IPR terms?

>Your comments regarding the terms and structure of the Membership 
>agreement agreement will be helpful, in this forum.  We want an agreement 
>that works for our Individual members.

If the answer to my above question is "yes", then the Membership Agreement 
satisfies our earlier objections.  If "no", then it emphatically does not 
work.  This point was raised in a unanimously endorsed earlier (summer) 
comment from the WebCGM TC.

Sorry for the "conditional" reply, but we really are unable unambiguously 
reconcile this material.  Could you please ask the OASIS legal counsel to 
give an answer/interpretation?  (Since he probably is the one who wrote the 
Membership Agreement.)

Lofton Henderson

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