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Subject: Re: [oasis-board-comment] Fwd: Your recent inquiry re Board agenda

No apologies needed, that was, and continues to be, my concern - there has been a steady deterioration in the amount of information accessible to non-board members through the board agendas. Documents that should be member accessible prior to, and after, Board meetings, are not linked to them; that's understandable if they are HR or legal documents, but there is no reason for this to be so in other cases. Perhaps at some point the Board should re-consider its approach to transparency and openness.

Regarding this particular case, I am not in complete agreement with the statement that a waiver to a provision in the IPR policy does not constitute in fact a change to the IPR policy. In a very subtle way it does, inasmuch as it establishes a precedent that can be used subsequently to justify other waivers without much discussion.

While I understand the desire for a quick(er) resolution to this issue so that the Candidate Specification can move forward, perhaps the Board should undertake a review of the IPR policy to address the issue of government owned copyright and trademarks as opposed to commercially owned copyright and trademarks, as well as perhaps providing some parameters for the issuance of waivers. Just saying... (And yes, obviously in some cases it is difficult to figure out where a government ends and a commercial entity begins, but that's what the IPR committee is there for, isn't it?)

Thank you for your attention,

Eduardo Gutentag

On 03/29/2016 10:13 AM, Peter F Brown wrote:
I think Eduardo's concern is as much about the availability of information on the issue to be discussed, as about the actual item up for discussion.
We obviously discussed this in detail already at our face to face in Los Angeles a couple of weeks' back and agreed to hold the follow up meeting to finalize our position as a Board but subscribers to the Board Agenda mailing list won't have been party to that information.
Apologies, Eduardo, if I'm being too presumptive about your concern.

Sent via my phone. Apologies for brevity - it's not easy writing on a moving planet.

From: Scott McGrath
Sent: ‎3/‎29/‎2016 10:08
To: oasis-board-comment@lists.oasis-open.org
Subject: [oasis-board-comment] Fwd: Your recent inquiry re Board agenda

---------- Forwarded message ----------
From: Scott McGrath <scott.mcgrath@oasis-open.org>
Date: Tue, Mar 29, 2016 at 12:28 PM
Subject: Your recent inquiry re Board agenda
To: Eduardo Gutentag <egutentag@gmail.com>, board-comment@lists.oasis-open.org, "board-exec@lists.oasis-open.org" <board-exec@lists.oasis-open.org>

Hi Eduardo,

The Board agenda item you noticed focuses on how we address a fairly unique situation with the CTI Committee, it does not change OASIS policies.

Following is a general explanation of the situation, the specific non-exclusive license agreement with DHS which the board will consider, and hopefully approve, is attached. 

OASIS rules require that any trademarks used in a specification contribution be turned over to OASIS.  When launching the cybersecurity info-sharing standards STIX, TAXII and CybOX at OASIS last year, the principal contributor U.S. DHS was not immediately able to provide a complete transfer, so OASIS agreed to a nonexclusive trademark license, subject to the board's review and waiver.  Approval of their TC's candidate Committee Specifications is on hold pending the resolution of that issue,  Staff is asking the Board to accept the nonexclusive license arrangement, as a waiver to the trademark assignment rule, by providing equivalent insurances that implementers and users will have all the same rights that they normally enjoy.  There will be a single remaining exception barring use of the trademarked spec names in a commercial product trademark, but this is a restriction OASIS has previously accepted in other appropriate cases.  We also plan to ask DHS to explore completing a full assignment to OASIS in the future.

Thanks for asking,


Scott McGrath

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