Re: Revised OASIS Membership Agreement - Draft for your Review

[Yukinori Saito <saito-yukinori@fujielectric.co.jp>]

Dear Scott,
Thank you very much for your quick response.
I understand your comments.
Best Regards,
Yukinori Saito


----- Original Message ----- 
From: "Scott McGrath" <scott.mcgrath@oasis-open.org>
To: "'Yukinori Saito'" <saito-yukinori@fujielectric.co.jp>
Sent: Thursday, November 11, 2004 8:02 AM
Subject: RE: Revised OASIS Membership Agreement - Draft for your Review


Saito-san,

Thanks for your thoughtful analysis and questions.

The proposed revised IPR policy had a similar member review period, the
Board is now considering the member response in determining the final
policy.  It will be announced as soon as the Board approves the revised
policy.  It is an extremely large and complex task to write a policy that
serves all our members' needs globally in the area of Intellectual Property.
We want to make certain we have it right, so it in unclear exactly when the
Board will be complete in their review, but I personally expect to see this
rolled out in as few months. The Anti-Trust Policy is also under Board
review.

We will facilitate processing the member agreement by fax and postal mail.
We are also exploring electronic signature options--seeking options that are
accepted globally.

We will make the new membership agreement available after we process the
member comments (such as yours on Section 9.2) and after the revised IPR
Policy is accepted by our Board of Directors. See my comments above, but my
personal guess, is this will be forthcoming in the next few months.  You
will have to sign the agreement by your next membership renewal or when you
wish to participate in a TC working under the revised IPR Policy.

I hope this helps,

Warmest regards,

Scott...

> -----Original Message-----
> From: Yukinori Saito [mailto:saito-yukinori@fujielectric.co.jp]
> Sent: Tuesday, November 09, 2004 8:30 PM
> To: member-agreement-review@lists.oasis-open.org
> Cc: UBL JPLSC
> Subject: Re: Revised OASIS Membership Agreement - Draft for your Review
>
> Dear OASIS staff (OASIS Membership Agreement),
>
> 1. The followings are my questions and comments regarding the revised
> OASIS
> Membership Agreement.
>
> (1) The section 2.2 (Intellectual Property Rights ("IPR") Policy and Other
> Policies) in the revised OASIS Membership Agreement explains (a) the IPR
> Policy of OASIS, (b) the Antitrust Policy of OASIS, (c) any other
> Policies.
> - The contents of IPR Policy of OASIS in the specified URL is old one.
> - I cannot see the (b) the Antitrust Policy of OASIS, and (c) any other
> Policies. How to see these Antitrust Policy of OASIS any other Policies?
>
> (2) The section 9.2 (Affiliate co-signatures) in the revised OASIS
> Membership Agreement
> - I think that the statement "If either term(a) or term (b) is checked" is
> mistaken. I think that the correct statement should be "If either term(b)
> or
> term (c) is checked".
>
> - (Question) I am an individual member of OASIS. In the usual case, which
> alternative terms ((a), (b) or (c)) in Affiliate co-signatures supposed to
> be checked?
>
> 2. Another questions
> (1) How to contract the revised OASIS agreement with OASIS?
> - by e-mail
> - by postal mail with a signature
> - or other methods
>
> (2) When should I contract the revised OASIS agreement with OASIS?
>
> Best Regards,
> Yukinori Saito
> -------------------------------------------
> Yukinori Saito
> Fuji Electric Information Service Co., Ltd. (FIS)
> e-mail: saito-yukinori@fujielectric.co.jp
> Tel: +81-3-5435-7333     Fax: +81-3-5435-7513
> -------------------------------------------
>
>
> ----- Original Message -----
> From: <member_services@oasis-open.org>
> To: <saito-yukinori@fujielectric.co.jp>
> Sent: Thursday, October 21, 2004 11:57 PM
> Subject: Revised OASIS Membership Agreement - Draft for your Review
>
>
> Dear Yukinori Saito,
>
> In order to more reliably apply our member policies, OASIS is implementing
> a
> revised membership agreement, including some updated wording around
> Individual Membership in OASIS. Your feedback is important on this, so
> please review and respond to the mail list below.
>
> This new agreement seeks to:
> -  Meet contractual and cultural expectations in all jurisdictions by
> requiring an explicit agreement signed by the member.  This is a change
> from
> the previous click-through on-line agreement, and will accept either a
> physical or electronic signature.
>
> -  More clearly identify who has IPR licensing obligations, and provide
> suitable documentation to ensure those obligations are met. The agreement
> will help assure users of OASIS standards that they can rely on the
> licensing obligations created by the IPR policy.
>
> -  Reduce the procedural load on members in the annual renewal process.
> The
> revised agreement allows automatic renewal, where the previous agreement
> required members to re-confirm their membership agreement each year.
>
> -  Clarify eligibility rules for Individual Members. Under the modified
> agreement, OASIS membership categories will specify that only persons who
> are acting on their own behalf, and are not contributing someone else's
> intellectual property (such as under a work-for-hire or employment
> arrangement), may join in the "Individual" member class. The objective is
> to
> better assure that the parties who actually own or control the
> contributions
> made to a TC are the ones who become members, and therefore are bound by
> the
> IPR Policy.
>
> Please review the draft Member Agreement, and its related documents at
> http://www.oasis-open.org/apps/org/workgroup/members-
> only/download.php/9659/OASIS%20Membership%20Agreement-
> %20Member%20Review%202004.10.07.pdf
>
> The draft documents can also be found at
> http://www.oasis-open.org/apps/org/workgroup/members-only/index.php
>
> Send your comments and questions about the membership agreement and
> related
> documents to
> member-agreement-review@lists.oasis-open.org
>
>
> It is important that we understand your views as we seek to achieve the
> above goals while minimizing any negative impact on our members.  Please
> send your comments as soon as possible, but no later than 15 November
> 2004.
>
> Thank you.
>
> Scott McGrath
> Director Member Services
>
> scott.mcgrath@oasis-open.org
> + 1 978 667-5115 ext 202
> + 1 978-667-5114 fax
> www.oasis-open.org
>
> OASIS
> PO Box 455
> 630 Boston Rd
> Billerica, MA  01821 USA