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RE: [legalxml-sc] Inquiry About IP
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Subject: RE: [legalxml-sc] Inquiry About IP
- From: "Cabral, James E." <[email protected]>
- To: "Scott McGrath" <[email protected]>,"Bergeron, Donald L. \(LNG-DAY\)" <[email protected]>,"Winters, Roger" <[email protected]>,<[email protected]>
- Date: Tue, 1 Feb 2005 10:56:40 -0800
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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:[email protected]] Sent: Tuesday, February 01, 2005 9:06 AM To: Cabral, James E.; 'Bergeron, Donald L. (LNG-DAY)'; 'Winters, Roger'; [email protected] 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-----
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:[email protected]] 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-----
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 From: Cabral, James
E. [mailto:[email protected]]
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?
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:[email protected]] 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 516 Third Avenue, E-609 MS: KCC-JA-0609 Seattle, Washington 98104 V: (206) 296-7838 F: (206) 296-0906
COMING SOON!
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