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Subject: PAC: IPR clause in CS 6


To: workprocess@lists.oasis-open.org
Subject: PAC: IPR clause in CS 6

The draft of CS 6 that we were discussing in the PAC meeting of
2000.05.25 contains the following language:

   A TC that has approved and published a committee specification
   may simultaneously or at some later time recommend that the
   specification be made an OASIS standard.  Upon resolution of
   the TC to move the specification forward, its chair shall
   submit the following items to OASIS:

      1. A formal specification that is a valid member of its
	 type.

      2. Appropriate documentation for the specification, written
	 in the language of reference.

      3. A clear English-language summary of the specification.

      4. Certification by the voting members of the TC that the
	 specification is copyrightable and publishable by OASIS
	 and usable by everyone without charge.  Standard language
	 to accomplish this objective shall be prepared by OASIS
	 counsel for use by all TCs.

      5. Certification by at least three OASIS member
	 organizations that they are successfully using the
	 specification.

      6. An account of votes and comments received in any earlier
	 attempts to standardize substantially the same
	 specification, together with the originating TC's
	 response to each comment.

      7. A pointer to the publicly visible comments archive for
	 the originating TC.

In our meeting of 2000.05.25, we decided that item 4 needed more
work, and I was directed to compare this with the language in the
OASIS IPR policy.

I have appended below what appear to me to be the relevant
passages of the OASIS IPR policy (modeled very closely on the IETF
IPR policy and adopted by the OASIS board of directors last
December).  Setting aside the question of what we may think of the
adequacy of these provisions, it seems to me that this issue is
already covered.  At the very least, it would appear that IPR is
not a responsibility of the committee that creates a specification
but rather of the OASIS board of directors.  I therefore suggest
that we simply strike item 4 from our list of requirements.

Anyone disagree with this interpretation?

Jon

==================================================================

3.2 OASIS Specifications

    (A) Where any patents, patent applications, or other
    proprietary rights are known, or claimed, with respect to
    any specification developed within the OASIS process, and
    are formally brought to the attention of the OASIS Board of
    Directors, the OASIS Board of Directors shall not advance
    the specification without including in the document a note
    indicating the existence of such rights, or claimed rights.
    Where implementations are required before advancement of a
    specification, only implementations that have, by statement
    of the implementors, taken adequate steps to comply with any
    such rights, or claimed rights, shall be considered for the
    purpose of showing the adequacy of the specification.

    (B) The OASIS Board of Directors disclaims any
    responsibility for identifying the existence of or for
    evaluating the applicability of any claimed copyrights,
    patents, patent applications, or other rights, and will take
    no position on the validity or scope of any such rights.

    (C) Where the OASIS Board of Directors is formally notified
    of rights, or claimed rights under (A), the OASIS Executive
    Director shall attempt to obtain from the claimant of such
    rights a written assurance that upon approval by the OASIS
    Board of Directors of the relevant OASIS specification(s),
    any party will be able to obtain the right to implement, use
    and distribute the technology or works when implementing,
    using or distributing technology based upon the specific
    specification(s) under openly specified, reasonable,
    non-discriminatory terms. The technical committee proposing
    the use of the technology with respect to which the
    proprietary rights are claimed may assist the OASIS
    Executive Director in this effort.  The results of this
    procedure shall not affect advancement of a specification
    through the OASIS process, except that the OASIS Board of
    Directors may defer approval where a delay may facilitate
    the obtaining of such assurances.  The results will,
    however, be recorded by the OASIS Executive Director, and
    made available.  The OASIS Board of Directors may also
    direct that a summary of the results be included in any
    OASIS document published containing the specification.

3.3 Determination of Reasonable and Non-discriminatory Terms

    The OASIS Board of Directors will not make any explicit
    determination that the assurance of reasonable and
    non-discriminatory terms for the use of a technology has
    been fulfilled in practice.  It will instead use the normal
    requirements for the advancement of OASIS specifications to
    verify that the terms for use are reasonable.

4.  Notices

    (A) OASIS specifications shall include the following notice:

	 "OASIS takes no position regarding the validity or
	 scope of any intellectual property or other rights
	 that might be claimed to pertain to the implementation
	 or use of the technology described in this document or
	 the extent to which any license under such rights
	 might or might not be available; neither does it
	 represent that it has made any effort to identify any
	 such rights.  Information on OASIS's procedures with
	 respect to rights in OASIS specifications can be found
	 at the OASIS website. Copies of claims of rights made
	 available for publication and any assurances of
	 licenses to be made available, or the result of an
	 attempt made to obtain a general license or permission
	 for the use of such proprietary rights by implementors
	 or users of this specification, can be obtained from
	 the OASIS Executive Director."

   (B) OASIS encourages all interested parties to bring to its
       attention, at the earliest possible time, the existence
       of any intellectual property rights pertaining to OASIS
       specifications. For this purpose, each OASIS
       specification shall include the following invitation:

	 "OASIS invites any interested party to bring to its
	 attention any copyrights, patents or patent
	 applications, or other proprietary rights which may
	 cover technology that may be required to implement
	 this specification.  Please address the information to
	 the OASIS Executive Director."

   (C) The following copyright notice and disclaimer shall be
       included in all OASIS specification-related
       documentation:

	 "Copyright (C) The Organization for the Advancement of
	 Structured Information Standards [OASIS] (date). All
	 Rights Reserved.

	 This document and translations of it may be copied and
	 furnished to others, and derivative works that comment
	 on or otherwise explain it or assist in its
	 implementation may be prepared, copied, published and
	 distributed, in whole or in part, without restriction
	 of any kind, provided that the above copyright notice
	 and this paragraph are included on all such copies and
	 derivative works.  However, this document itself may
	 not be modified in any way, such as by removing the
	 copyright notice or references to OASIS, except as
	 needed for the purpose of developing OASIS
	 specifications, in which case the procedures for
	 copyrights defined in the OASIS Intellectual Property
	 Rights document must be followed, or as required to
	 translate it into languages other than English.

	 The limited permissions granted above are perpetual
	 and will not be revoked by OASIS or its successors or
	 assigns.

	 This document and the information contained herein is
	 provided on an "AS IS" basis and OASIS DISCLAIMS ALL
	 WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT
	 LIMITED TO ANY WARRANTY THAT THE USE OF THE
	 INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY
	 IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
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   (D) Where, pursuant to a notification under this Policy, the
       OASIS Board of Directors is aware at the time of
       publication of proprietary rights claimed with respect to
       an OASIS specification, or the technology described or
       referenced therein, such specification shall contain the
       following notice:

	 "OASIS has been notified of intellectual property
	 rights claimed in regard to some or all of the
	 contents of this specification.  For more information
	 consult the online list of claimed rights."




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