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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. 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