Re: [oasis-board-comment] RE: [board-agenda] Conflict of Interest Policy Final Draft

[Jeff Mischkinsky <jeff.mischkinsky@oracle.com>]

hi,
   Wasn't one of Eduardo's points is that it uses the term "family".  
We recently changed the bylaws to include not just spouses, but  
domestic partners/unions. Will we lose that?

-jeff
On Mar 11, 2011, at 3:31 AM, von Riegen, Claus wrote:

> I do agree with Eduardo on point a). If we do mean US federal and  
> state law (which I believe is the correct intention), then we should  
> actually state that in order to avoid misinterpretation.
>
> Regards,
> Claus
>
> Claus von Riegen
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> From: Eduardo Gutentag [mailto:eduardo.gutentag@oracle.com]
> Sent: Donnerstag, 10. März 2011 01:15
> To: peter@peterfbrown.com
> Cc: 'Lipton, Paul C'; oasis-board-comment@lists.oasis-open.org; board-agenda@lists.oasis-open.org
> Subject: Re: [oasis-board-comment] RE: [board-agenda] Conflict of  
> Interest Policy Final Draft
>
> Without intending to get into a point-by-point discussion of what  
> was and was not discussed and accepted or rejected, I'd like to  
> mention just a couple of things:
>
> a) Paul says that the policy refers to US state and federal law.  
> Nowhere in the policy does the word US (or USA or US of A) appear in  
> the text, so my point that the writing point-of-view is too US- 
> centric is in fact reinforced: only a US-centric mind-set reads  
> "state and federal law" to mean "US state and federal law". I would  
> guess that a Mexican or Brazilian citizen may interpret the text  
> differently.
>
> b) regarding chair: the original text said "the chairperson of the  
> Board shall appoint" (line 49); the new text says "the chairperson  
> of the Board shall appoint" (line 38 or 39 depending on what PDF  
> you're reading). I fail to see how my suggestion was accepted.
>
> Let me make it clear again, I'm not proposing we should get into a  
> detailed discussion that I'm sure would just be a re-hashing of what  
> the committee went through; all I said was that I was disappointed  
> that only a trivial suggestion of mine was accepted, I wish I could  
> have been more convincing.
>
>
> On 03/09/2011 03:57 PM, Peter F Brown wrote:
> The issue of disambiguating ‘chair’ from ‘chairperson of the  
> meeting’ was also taken on – and we accepted your suggestion
> Cheers,
> Peter
>
> From: Lipton, Paul C [mailto:Paul.Lipton@ca.com]
> Sent: Wednesday, 09 March, 2011 15:19
> To: Eduardo Gutentag; oasis-board-comment@lists.oasis-open.org
> Cc: board-agenda@lists.oasis-open.org
> Subject: [oasis-board-comment] RE: [board-agenda] Conflict of  
> Interest Policy Final Draft
>
> Eduardo,
>
> We are certainly grateful for your active interest. Each of your  
> comments was carefully discussed. I can’t remember all the items  
> (I’m sitting in a hotel room with limited time), but I do remember  
> that your concern about exclusive reference to the US (only US state  
> & federal law are discussed in the CoI) was certainly considered.
>
> The conclusion was that the approach in this case were both  
> deliberate & correct.  Consider that even if a director is a non-US  
> citizen, the liabilities and risks mitigated by this policy come up  
> precisely and exclusively under US law, because (unlike W3C or IETF)  
> we are a nonprofit corporation organized under US law. That was the  
> thinking.
>
> In short, even if the conclusions were not always what you would  
> have liked, your suggestions were not given short shrift.
>
> Thanks again for your input.
>
> Regards,
> Paul
>
> Paul Lipton
> CA Technologies
> VP, Industry Standards and Open Source
> Member, CA Council for Technical Excellence
> Office Phone: +1 609 583-9718
> Mobile: +1 267 987-6887
> Email: paul.lipton@ca.com
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> From: Eduardo Gutentag [mailto:eduardo.gutentag@oracle.com]
> Sent: Wednesday, March 09, 2011 5:54 PM
> To: oasis-board-comment@lists.oasis-open.org
> Cc: Lipton, Paul C; board-agenda@lists.oasis-open.org
> Subject: Re: [board-agenda] Conflict of Interest Policy Final Draft
>
> I  am disappointed to see that all of my comments, with the  
> exception of a small grammatical suggestion regarding line 1, have  
> been ignored.
>
> On 03/09/2011 11:35 AM, Lipton, Paul C wrote:
> Hello,
>
> As you remember, an earlier draft of the Conflict of Interest Policy  
> was submitted in advance of the February Board meeting to allow time  
> for comment. After careful consideration of all comments received,  
> the attached documents (clean and redline) have been approved by the  
> Board's Governance Committee at its meeting of 03 March 2011.
>
> The Committee asks that this be included as an "A" item for  
> decision, at the Board's meeting of 17 March 2011.
>
> Respectfully submitted,
> Paul
>
> Paul Lipton
> CA Technologies
> VP, Industry Standards and Open Source
> Member, CA Council for Technical Excellence
> Office Phone: +1 609 583-9718
> Mobile: +1 267 987-6887
> Email: paul.lipton@ca.com
>
>
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> Eduardo Gutentag | Director, Standards Strategy & Policy
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> -- 
> <image001.gif>
> Eduardo Gutentag | Director, Standards Strategy & Policy
> Work Office: +1 650 506 1027 | Home Office: +1 510 550 4616 | SMS:  
> +1 510 681 6540
> Oracle Corporate Architecture Group
> 5op334, 500 Oracle Parkway, | Redwood Shores, California 94065
> <image002.gif>Oracle is committed to developing practices and  
> products that help protect the environment

--
Jeff Mischkinsky			          		jeff.mischkinsky@oracle.com
Sr. Director, Oracle Fusion Middleware 				+1(650)506-1975
	and Web Services Standards           			500 Oracle Parkway, M/S 2OP9
Oracle								Redwood Shores, CA 94065