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Subject: RE: [legalxml-sc] Inquiry About IP
From: "Cabral, James E." <>
To: "Scott McGrath" <>,"Bergeron, Donald L. \(LNG-DAY\)" <>,"Winters, Roger" <>,<>
Date: Tue, 1 Feb 2005 10:56:40 -0800
Scott,
After re-reading the TC process and current IPR
policy, I hope the new IPR policy clearly addresses this issue. I
believe the distinction we need to clarify is between a "participant",
an OASIS member and a member or observer of the TC, and a "contributor", someone
who donates source material for use by the TC and who may or may not be a
participant in the TC or even a member of OASIS.
The TC process includes several reference to
contributors and contributions to the TC including "
Contributions to the TC, and work created by the TC, must comply with the OASIS
IPR Policy. " The current IPR policy has an entire section (3.1) dedicated
to describing contributions. However, nowhere in either document does it
clearly state that contributions must be made by either participants of the TC
or OASIS members.
That
said, I understand the need to limit contributions to participants in the
TC. However, in this case, I wonder if this is even an issue since I
believe the paper in question was co-authored by Shane Durham, an OASIS member
and member of the TC. I am not a lawyer, but it seems to me that
contributions by participants in the TC of work they have co-authored with
individuals or companies outside OASIS should be acceptable if the co-authors
agree to their use by OASIS and the OASIS member, who has agreed to the IPR
policy, is willing to indemnify OASIS of any IPR
claims.
Jim
Cabral
From: Scott McGrath
[mailto:]
Sent: Tuesday, February 01,
2005 9:06 AM
To: Cabral, James E.; 'Bergeron, Donald L. (LNG-DAY)';
'Winters, Roger';
Cc: 'Clarke,
Tom'
Subject: RE: [legalxml-sc] Inquiry About IP
Jim,
I presume you are asking about who and who
cannot participate in an OASIS TC. See http://www.oasis-open.org/committees/process.php
for that. The IPR Policy dictate how one makes a contribution, and the
obligations that result therefrom, see http://www.oasis-open.org/who/intellectualproperty.php
though, as you know a revised policy is soon to be
announced.
I am curious to learn more from your, or
others, perspective. Is there something in our policies, and webpages
describing OASIS, that implies one can participate without being a member?
I acknowledge the perennial risk that we, as editors of the web pages and
policies “know” what the policies and web pages say, because we closely know the
intention of the editor. If you or others, as readers, read something
different, I’d love to learn where we should be more clear.
Thanks,
Scott…
-----Original
Message-----
From: Cabral, James
E. [mailto:]
Sent: Tuesday,
February 01, 2005 11:05 AM
To:
Scott McGrath; Bergeron, Donald L. (LNG-DAY); Winters, Roger;
Cc:
Clarke, Tom
Subject: RE:
[legalxml-sc] Inquiry About IP
Scott,
Thank you for
clarifying this. However, in our efforts to convince ACS to rejoin, it
would be useful to be able to point to a current OASIS policy which addresses
this distinction. If not in the current policy, where is this
addressed in the proposed IPR policy?
thanks,
Jim
Cabral
From: Scott McGrath
[mailto:]
Sent: Tuesday,
February 01, 2005 7:09 AM
To:
'Bergeron, Donald L. (LNG-DAY)'; Cabral, James E.; 'Winters, Roger';
Cc:
'Clarke, Tom'
Subject: RE:
[legalxml-sc] Inquiry About IP
Don’s first statement is true. member
=participation. Non-member = no participation. We are implementing a
clearer “submit a comment” process to protect you in those situations where
non-members make a comment that could be bound by IP.
You should also strongly consider resolving
the problem that ACS is no longer a member (I recall that Moira Rowley
changes roles in the company, and there was no one to pass the membership off
to, but it looks like you found some one). ACS should be a member and
contributing financially to your operation—as you all are.
Roger, Tom, this was a good question, glad
you brought it up. Let us know if we can help engage ACS again in your
work.
Scott…
-----Original
Message-----
From: Bergeron,
Donald L. (LNG-DAY) [mailto:]
Sent: Tuesday,
February 01, 2005 9:49 AM
To:
'Cabral, James E.'; Winters, Roger;
Cc:
Clarke, Tom
Subject: RE:
[legalxml-sc] Inquiry About IP
Importance:
High
I think you are
incorrect! A person participating in the meetings, especially contributing items
shall be OASIS members "full stop". We must not assume any person or
organization that has not bond themselves to the IPR rules in the OASIS
membership agreement, without that the individual or company or organization is
not bound to any rules!
Regards,
Don
Donald L.
Bergeron
Systems
Designer
LexisNexis
O
937-865-1276
H
937-748-2775
M
937-672-7781
From: Cabral, James
E. [mailto:]
Sent: Monday,
January 31, 2005 5:27 PM
To:
Winters, Roger;
Cc:
Clarke, Tom
Subject: RE:
[legalxml-sc] Inquiry About IP
Roger,
I believe the OASIS
FAQ and current IPR policy covers this:
http://www.oasis-open.org/who/faqs.php
http://www.oasis-open.org/who/intellectualproperty.php
What are the
IPR Policies of OASIS?
Most OASIS
specifications are provided to the public on a Royalty-Free (RF) basis. The
OASIS IPR Policy http://www.oasis-open.org/who/intellectualproperty.shtml
states that contributors of externally developed technical work must identify
all IP claims (patents, trademarks, etc.) associated with that work, and must
agree to grant use of this technology under RAND or RF terms for purposes of
implementing the OASIS specification.
It does not say that
contributors must be OASIS members. Therefore, as long as he identifies
all IP claims and agrees to grant use of the technology under the described
terms, it should be fine.
However, this all may
change under the new IPR policy.
Jim
Cabral
From: Winters,
Roger [mailto:]
Sent: Monday,
January 31, 2005 2:12 PM
To:
Cc:
Clarke, Tom
Subject: [legalxml-sc]
Inquiry About IP
Hello,
A question came up to
me from the LegalXML Court Filing TC asking me to refer it to the Steering
Committee. Since we are scheduled for a Steering Committee meeting on February
9, perhaps by then someone will have found answers.
Specifically, as Eric
Tingom was working on materials he's reviewing as he prepares to draft "Court
Filing-Blue," he noted that Tom Griffin of ACS had contributed to developing
User Use Cases. Eric noted that Mr. Griffin is not an OASIS member, so he
emailed Tom Clarke to indicate that he wonders what intellectual property issues
might be related to Griffin's participation in our process.
The question seems to
come down to this: If a non-OASIS member who is from a company, not an
individual, contributed to our project, are there IP issues that flow from that?
If so, what are the issues and implications?
I do not have an
intimate knowledge of our IP policies, so I have not ventured any ideas or
suggestions about this, except to point out to Eric and Tom that any IP issues
for Mr. Griffin would have to have arisen from the existing IP, not from
policies that are not yet adopted within OASIS. I do not, however, know how to
access the pertinent statement of IP that would apply to Mr. Griffin's work with
Shane Durham.
Thoughts? Questions?
Thank
you!
Roger
Roger
Winters
Programs
and Projects Manager
King
County
Department of
Judicial Administration
516
Third Avenue, E-609 MS: KCC-JA-0609
Seattle,
Washington 98104
V: (206) 296-7838 F: (206)
296-0906
COMING
SOON!
Follow-Ups:
RE: [legalxml-sc] Inquiry About IP
From: "Scott McGrath" <>
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