RE: [soa-rm] Re: Legal question

["Laskey, Ken" <klaskey@mitre.org>]

Thanks, Jamie.

The spec also references IEEE-829 in its discussion of testing.  I am revising that now and I expect the time to contact IEEE will be when we have an updated view of where and for what permission may be needed.

Stay tuned.

Ken

---------------------------------------------------------------------------
Dr. Kenneth Laskey
MITRE Corporation, M/S H305              phone: 703-983-7934
7515 Colshire Drive                             fax: 703-983-1379
McLean VA 22102-7508
________________________________________
From: Jamie Clark [jamie.clark@oasis-open.org]
Sent: Monday, January 03, 2011 3:05 PM
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

---------------------------------------------------------------------
To unsubscribe from this mail list, you must leave the OASIS TC that
generates this mail.  Follow this link to all your TCs in OASIS at:
https://www.oasis-open.org/apps/org/workgroup/portal/my_workgroups.php