Re: [ubl-dev] UBL and proposed IPR policy changes

[jon.bosak@sun.com]

[david@drrw.info:]

| I'm looking at the 3 IPR choices that OASIS is proposing, and I do
| not see that any of them fit here for UBL.

The category called (somewhat confusingly, in my opinion)
"Restricted RF" is the one that UBL fits in.

| In fact the only two TCs I could see these changes definately
| working for is the BPEL and the UDDI TCs. My interpretation is
| that the IPR choices are makingextended licensing requirements to
| become the normal modus operadi - instead of them being rare and
| exceptional practice.

Take a closer look at Sections 10.2 and 10.2.2:

   10.2 RF Mode TC Requirements

      For an OASIS Specification developed by an RF Mode TC, each
      Obligated Party in such TC hereby covenants that, upon
      request and subject to Section 11, it will grant to any
      OASIS Party or third party: a nonexclusive, worldwide,
      non-sublicensable, perpetual patent license (or an
      equivalent non-assertion covenant) under its Essential
      Claims covered by its Contribution Obligations or
      Participation Obligations without payment of royalties or
      fees and (subject to the applicable Section 10.2.1 or
      10.2.2) under other fair, reasonable, and non-discriminatory
      terms to make, have made, use, market, import, offer to sell
      and sell, and to otherwise distribute Products that
      implement such OASIS Specification. Such license need not
      extend to features of a Product that are not required to
      comply with the Normative Portions of such OASIS
      Specification.  Granting of such license may be subject to
      the agreement by the Licensee to grant a reciprocal license
      to its Essential Claims (if any) to [that Obligated
      Party][all implementers of such OASIS Specification], and/or
      a term providing that the license may be suspended with
      respect to the Licensee when that Licensee sues [the
      Obligated Party][any implementer] for infringement of claims
      essential to implement such OASIS Specification.

   10.2.2 Restricted RF-Licensing Terms

      With TCs operating under the Restricted RF IPR Mode,
      Obligated Parties may not impose any further conditions or
      restrictions beyond those specifically mentioned in Section
      10.2 on the use of any technology or intellectual property
      rights, or other restrictions on behavior of the Licensee,
      but may include reasonable, customary terms relating to
      operation or maintenance of the license relationship such as
      the following: choice of law and dispute resolution.

All a patent holder is granted in the category described in 10.2.2
is the right to specify the court of jurisdiction.  I think that's
about as good as it gets.

Jon