UN code lists (was: Currency codes (ISO 4217))

[jon.bosak@sun.com]

Today's LCSC packaging call changed my understanding of the UN
codelist IPR issue.  It now appears to me that the correct
interpretation is the one that Sue Probert put forward 6 October:

   I believe that the UN situation is that all its publications
   including the code list Recommendations are indeed trademarked
   by the UN but there is a standing clause which states that they
   are freely available for the widest possible use as long as the
   UN trade mark is recognised. So, as long as we acknowledge in
   some appropriate manner that we are utilising UN/ECE
   Recommendations then we will be OK. This would, of course,
   apply equally to the CCTS itself and to the entire set of
   UN/EDIFACT standards too etc.

   UN/CEFACT is currently completing the approval of a new IPR
   policy with the UN's OLA (Office of Legal Affairs) and it my
   understanding that when finally agreed and published this will
   provide further confirmation.

Under this interpretation, the copyright statement at

   http://www.unece.org/etrades/uncopyright.htm

is blanket boilerplate that does not actually apply to the code
lists published by the UN at

   http://www.unece.org/cefact/trafix/bdy_code.htm

I am comfortable with this interpretation for two reasons:

   1. As a participant in the years of work that went into the
      creation of the UN lists, Sue is a primary source regarding
      the intent of the UN in publishing them.

   2. Independent of that information, it's clear to me simply by
      looking at the materials available at the UN URL above that
      no other interpretation is consistent with the effective use
      of those materials.  In other words, if we can't legally use
      them, then no one can.  This cannot have been the UN's
      intent in publishing the lists and setting up an elaborate
      system for maintaining them, the boilerplate copyright
      notwithstanding.

It is my opinion, therefore, that we should construct UBL code
lists based on the lists published by the UN (with the exception
of the country and currency code lists, which I have provided
separately based on ISO's policy statement of 30 September 2003)
and should include those code lists in UBL 1.0 Beta, proceeding in
good faith based on our best understanding of what appears to be
the clear intent of the UN in providing and maintaining the code
lists and our best information regarding the probable outcome of
the current consideration of this issue by the UN OLA.

If future developments should prove this interpretation incorrect,
we will at least be in alignment with every other major ecommerce
application in the world (including all the legacy EDI
applications) and will therefore be optimally positioned to
participate in whatever solution to this problem the industry may
develop.

Jon Bosak
Chair, OASIS UBL TC