RE: [soa-rm] Re: Legal question

[Peter F Brown <peter@peterfbrown.com>]

Jamie:
Many thanks for sharing our exchange on this and follow-up comments.
At this stage, it is still an open question for the TC, whether we want to include a particular figure of the IEEE1471 conceptual model.
We may still go ahead without using the diagram.
As you say, the best path is for a TC member to ask permission to reproduce and then to submit this as a contribution to the TC. I am prepared to this as a TC member as I will be writing other material for publication using excerpts from this spec. Once I have such permission granted, we can decide as a TC whether we still want to use it or not. For the moment, we have a few other more priority issues to deal with though!

Cheers, and a Happy New Year!
Peter

| -----Original Message-----
| From: Jamie Clark [mailto:jamie.clark@oasis-open.org]
| Sent: Monday, 03 January 2011 21:05
| To: soa-rm@lists.oasis-open.org
| Cc: Robin Cover
| Subject: [soa-rm] Re: Legal question
| 
| There was a question in the TC about citing or re-using some part of a diagram
| or model from the IEEE 1471 spec.  Repeating this to the list, for general
| information and archival purposes.
| 
| OASIS TCs and their contributors, like any other authors, are constrained by the
| limits of their rights to re-use material.
| Generally in our environment, it's considered OK and non-infringing to cite works
| and make normative references to them:  Something along the lines of "This
| model is similar to the software development model shown in Chart 4 of IEEE
| Standard 123, at [URI]."  Or, for that matter, "implementation of this [Foo]
| assumes and relies on conformant implementation of the process described in
| [Bar], at [URI].
| 
| However, that stops short of cutting content from '123' or 'Bar', and pasting it
| into OASIS relying work. That's re-use, and except for very short excerpts,
| requires permission under most legal regimes.  I don't see anything in the IEEE
| work that grants a general open license, so whoever wishes to port some
| substantive piece over to an OASIS spec would need explicit permission.
| 
| Note it's a two-step process:  OASIS member to OASIS, then OASIS TC to spec.
| OASIS TC specs only incorporate "contributions" made by TC members (which
| includes editors) or the public (via the public feedback channel).  So someone
| would need to confirm that the proposed re-use is OK with IEEE, to their own
| satisfaction, and then contribute it though the TC Process to the SOA-RM TC.
| Under our rules, by contributing, each contributor is confirming that the material
| provided can be re-used as provided in our rules.
| 
| It's quite possible that the IEEE would respond favorably to a polite, clear
| request, particularly if accompanied by the "usual" assurances.
| (We will cite your work and point to it, acknowledge your copyright, etc etc)
| 
| I noticed that the http://en.wikipedia.org entry for 1471, already has done quite
| a bit of summarizing, apparently without objection. Parts of 1471 also have been
| posted and summarized in various places (see, for example, http://www.iso-
| architecture.org/ieee-1471/conceptual-framework.html).
|  How widely distributed is the part you're referencing?  Or is it something that's
| only visible if one purchases the IEEE text?
| Protecting its revenue stream for significant exclusive content is a common
| focus for consortia who live from publication revenue.
| 
| Shall I send a letter to the IEEE secretariat seeking permission on behalf of the
| TC's editors?
| It would help to have a specific internal jumpcite to the bits you might wish to
| use.
| 
| Regards Jamie
| 
| ~ James Bryce Clark
| ~ General Counsel, OASIS
| ~ http://www.oasis-open.org/who/staff.php#clark  @JamieXML ~ New US HQ
| location: http://www.oasis-open.org/who/contactus.php
| 
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