OASIS Mailing List ArchivesView the OASIS mailing list archive below
or browse/search using MarkMail.

 


Help: OASIS Mailing Lists Help | MarkMail Help

workprocess message

[Date Prev] | [Thread Prev] | [Thread Next] | [Date Next] -- [Date Index] | [Thread Index] | [Elist Home]


Subject: Re: PAC: IPR clause in CS 6


| 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?

Sideways, yes.  The language drafted is faulty, as I argued long
ago now, in that it requires formal notice.  The IETF language
that OASIS counsel edited to arrive at this text requires the
relevant body to act on all information at its disposal, thus
avoiding the loophole created here that the Board can know of
something but close its eyes to it.  So this language should
be changed (back to the perfectly okay language the OASIS counsel
mucked up).

In either case, the TC members presumably have the relevant
info, and need to convey it to the Board.  So we can't simply
strike the item, I think.

And is it the Board that "advances the specification" under
our new process?

regards, Terry


| 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
| 	 PARTICULAR PURPOSE."
| 
|    (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."
| 
| 



[Date Prev] | [Thread Prev] | [Thread Next] | [Date Next] -- [Date Index] | [Thread Index] | [Elist Home]


Powered by eList eXpress LLC