OASIS MEMBERS ONLY

OASIS IPR Policy Revisions Member Review Log

MembRevLog-2005-02-01

#

Title

Submitter email Address

Summary

Draft reference*

Disposition of Comment

1

Contributions to specific TC

karl.best@oasis-open.org

need language specifying that a contribution is made to a specific TC, and that other TCs may not use the contribution

2.2 (28-32) or 5.1 (141-157)

Text of 2(3) makes this clear; to be highlighted in FAQ materials.

2

definition of Contribution is electronic

karl.best@oasis-open.org

To match the TC Process, a Contribution must be electronic. Paper submissions not accepted.

2.2 (28-32)

No change needed: current practice is to use electronic contributions.

3

test (ignore)

scott.mcgrath@oasis-open.org


No change

Not an actual comment.

4

announcement (ignore)

scott.mcgrath@oasis-open.org


No change

Not an actual comment.

5

transition to a mode not in line with existing contributions

msachs@cyclonecommerce.com

a TC could select to transition to a IPR mode that is not in line with a contribution that has been made by a company that has since withdrawn from the TC

Transition Policy

Addressed in separate Transition Policy log

6

definition of "affiliate"

John.Borras@cabinet-office.gsi.gov.uk

definition of "affiliate" needs to take into account government agencies and other non-commercial organizations

2.1 (16-27)

Definition of "Affiliate" modified (at line 23) to apply only to business entities. Also see Q30.

7

reciprocity

ed.cobb@bea.com

Patrick Gannon July 9 message

10.1 and 10.2

Similar to Q8. See Q8.

8

universal vs. bilateral reciprocity

ed.cobb@bea.com

deal with alternate wording on lines 311-315 and 336-340 dealing with universal vs. bilateral reciprocity

10.1 (311-315) and 10.2 (336-340)

Reciprocity requirment in lines 329-336 and 360-370 edited to make both options clearly permissible: license can be conditioned either on reciprocal license to the licensor, or to all implementers.

9

Consultants and the new revised OASIS IPR Policy

tony_fletcher@btopenworld.com

Individual Members who take on short term Contracts

Membership Agreement & membership categories

Addressed in separate Membership Agreement log

10

OASIS IPR Policy Review

sanderson@opennetwork.com

Clarify/Change RF Mode Terminology

10.2.1 (342-345) and 10.2.2 (347-354)

Names of RF modes changed to make more intuitive: "RF on RAND Terms", for the unrestricted option, and "RF on Limited Terms" for the option which restricts some license conditions.

11

I agree

jfuller@wernervas.com

Eligibility rules for Individual Members; IP agreements from an inidvidual members' employer

Relates to whether an individual or an employer is the "member", and thus who has obligations as a "TC Party" -- not the terms of the obligations.

Addressed in separate Membership Agreement log

12

New Requirements on Individual Members

drummond.reed@cordance.net

Eligibility rules for Individual Members; IP agreements from an individual members' employer

See Q11

Same issue as Q11: see Q11

13

Feedback on IPR Policy Terminology on RF Modes

drummond.reed@cordance.net

Clarify/Change RF Mode Terminology

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q10: see Q10

14

New Requirements on Individual Members

mattm@adobe.com

Eligibility rules for Individual Members

See Q11

Same issue as Q11: see Q11

15

New Requirements on Individual Members

June.Leung@FundSERV.com

Eligibility rules for Individual Members (between jobs)

See Q11

Same issue as Q11: see Q11

16

New Requirements on Individual Members

dskyberg@rsasecurity.com

Eligibility rules for Individual Members (IP waivers?)

See Q11

Same issue as Q11: see Q11

17

Comment on New IPR Policy

Farrukh.Najmi@Sun.COM

Eligibility rules for Individual Members (IP waivers?)

See Q11

Same issue as Q11: see Q11

18

Change related to Company IPR Ownership for Individual Members

david@drrw.info

Eligibility rules for Individual Members (Impact on TC membership)

See Q11

Same issue as Q11: see Q11

19

Participation obligation comments

guy@atomikos.com

Definition of Participation Obligation

2.20 (100-102) and 9.2 (274-293)

Revised 2.20 and 9.2 to make relationship and definition more clear.

20

Individual Membership and the new IPR

saskary@nuperus.com

Eligibility rules for Individual Members (relationship to membership categories)

See Q11

Same issue as Q11: see Q11

21

Comments on new IPR Draft
and

guy@atomikos.com

Impact of Participation and Contribution Obligations

9.2 (274-293)

Member objects to any obligation to license; can't be reconciled with the basic premise of this revision, that some enforceable obligations to license should be imposed. No changes made.

22

Individual Member Participation

Tony.Jewtushenko@oracle.com

Inpact of Individual Membership

See Q9

Same issue as Q9: see Q9

23

Question about "contribution"

robin@isogen.com

Include verbal offerings as "contributions" giving rise to licensing obligation

2.2 (28-32)

Under the proposed rule, a "contribution" merely accelerates a TC participant's obligation, by potentially triggering an event-driven "contribution obligation" earlier than the same party's acquisition of a "participation obligation" by the passage of time. In either case, the party's obligation is bounded by whether a claim is essential to the final specification's implementation, not *whether it was "contributed". A clear start date for license obligations is important. The subcommittee felt that the uncertainty of date-stamping a verbal (spoken) contribution outweighs the risk associated with the time lag.

24

IPR Terms

dodds@e-dodds.com

Employment Agreements

See Q11

Same issue as Q11: see Q11

25

IPR Terms

john.tollefsrud@sun.com

RF Naming

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q10: see Q10

26

Feedback on Member Review of IPR Process

drummond.reed@cordance.net

RF IPR Mode Names - Negotiated for Unrestrictive; Uniform for Restrictive

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q10: see Q10

27

New IPR Policy - a giant step backward?

david@drrw.info

Create a fourth No-License Mode

A new 4.4 (following 138) and 10.3 (following 354)

The three proposed modes do not dictate the TC's selection of contributions; they simply set a *minimum* on the licensing terms mandated. A TC in any of the three modes can, if it chooses, assemble a license-free specification, by electing only to incorporate contributions that had those attributes. But that is a back-end decision, and the modes are an up-front filter. A fourth-mode approach was considered but declined after some analysis: the subcommittee was concerned that a front-end prohibition of *any* conditions, given the revision's stronger and automatic licensing obligations, might actually keep parties out of the room. That would make it impossible to bargain with them, or discover (and decide how to address) their concerns. The subcommittee felt that the best approach for promoting standards work at OASIS is to frame rules that permit the largest number of participants to attend. Another concern raised was that an absolute no-licenses condition would exclude all sorts of other benign terms,

28

Feedback on Member Review of IPR Process

ddomeny@ektron.com

No written licenses should be required for prototyping and implementation of RF works

10.2 (additional text)

There are non-royalty terms often addressed by conventional licenses. Member practices vary widely. Some do offer the "paper-free" approach suggested here, which still WILL be permitted. However, neither that nor any other licensing practice will be MANDATED under this approach -- just as with the current policy. On prototyping, the subcommittee agrees that there are special concerns, and new sec. 6 of the member review draft addresses these.

29

Individual Membership as a way to maintain contact during "unfriendly" employment

ann.wrightson@csw.co.uk

Individual Membership as a result of takeovers

See Q9

Same issue as Q9: see Q9

30

tq764

D-Leff@wiu.edu

Individual Membership - universities

Membership Agreement & membership categories

Addressed in separate Membership Agreement log. Also see Q6.

31

Member Review - revised OASIS IPR Policy (PARTIAL)

zeuch@lucent.com

RAND as the only IPR Mode

Delete 10.2

Some OASIS members and TCs have a strong track record of producing work under RF terms; OASIS should continue to accommodate them. Parties who do not wish to make an RF commitment can elect to participate only in RAND TCs. No change made.

32

Member Review - revised OASIS IPR Policy (PARTIAL)

zeuch@lucent.com

Sub-Licenseable Copyright

5.2.1 (159-168)

The subcommittee has been advised that no change is necessary to permit distribution of copyrighted material in OASIS' conventional manner.

33

Member Review - revised OASIS IPR Policy (PARTIAL)

zeuch@lucent.com

Obligation to license should be qualified, where licensor has limited rights to license

10.1 (305 - text provided)

Such a limit would, if available, tend to decrease license availabiilty, because members could *elect* to take on contractual bars to re-licensing, in order to thwart the policy. The subcommittee concluded that good-faith license limits (a) could be explicitly addressed by disclosure, for contributions, and (b) were a fairly unusual edge case, applied to participation obligations. No change made.

34

IPR Policy Feedback

mweiner@us.ibm.com

Single RF Mode

Delete 10.2.x (plus supporting text)

There seems to be substantial demand for both varieties of RF mode. No change made.

35

Definition of Contrbution

karl.best@oasis-open.org

Electronic only contributions

2.2 (28-32)

Same issue as Q2: see Q2

36

Definition of Contrbution

karl.best@oasis-open.org

Electronic only contributions

2.2 (28-32)

Same issue as Q2: see Q2

37

UBL and the Proposed IPR Policy Changes

david@drrw.info

No Licenses IPR Mode

4.4 (following 138) and 10.3 (following 354)

Same issue as Q27: see Q27

38

IPR Comments from CGM Open WebCGM TC (PARTIAL)

david.w.cruikshank@boeing.com

Individual Members

See Q11

Same issue as Q11: see Q11

39

IPR Comments from CGM Open WebCGM TC (PARTIAL)

david.w.cruikshank@boeing.com

No IPR Mode

4.4 (following 138) and 10.3 (following 354)

Same issue as Q27: see Q27

40

Comments from the LegalXML Member Section (PARTIAL)

john@greacen.net

Can MS pick IPR Modes for all its TCs?

Transition Policy

Addressed in separate Transition Policy log

41

Comments from the LegalXML Member Section (PARTIAL)

john@greacen.net

Automatic transition to Restrictive RF

Transition Policy

Addressed in separate Transition Policy log

42

Comments from the LegalXML Member Section (PARTIAL)

john@greacen.net

Contribution to all TCs in MS

2.2 (28-32) or 5.1 (141-157)

Each charter of a TC encapsulates the participating members' willingness to be bound with respect to its scope. See Q1. That distinction is needed in many TCs. Where multiple TCs wish to align on IPR, as here, it can be multiply contributed to acheive the desired outcome. No change made.

43

Comments from the LegalXML Member Section (PARTIAL)

john@greacen.net

Individual Memberships

See Q11

Same issue as Q11: see Q11

44

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

Determination of Essential Claims

Sec 10

Subcommittee concluded that no change to text is required.

45

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

TC Process changes for IPR Policy

TC Process

Addressed in separate TC Process log

46

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

Individual Memberships

See Q11

Same issue as Q11: see Q11

47

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

RF Mode Terminology

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q10: see Q10

48

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

Draft vs. Specification Terminology

TC Process

Addressed in separate TC Process log; conforming changes made here: secs 2(13), 9.2 (lines 286-87), etc.

49

Comments on the New IPR Policy (PARTIAL)

hlockhar@bea,com

Impact on operation of the TCs

Transition Policy

Addressed in separate Transition Policy log

50

Reiteration

jfuller@wernervas.com

Individual Membership criteria

See Q11

Same issue as Q11: see Q11

51

IPR Comments

guy@atomikos.com

new IPR Policy doesn't make sense because of restrictions?

See Q21

Same issue as Q21: see Q21

52

IPR Policy will hinder adoption of specs

Robert.Haugen@choreology.com

Licensing is bad; see next 4 comments

6, 10.1, 10.2

Similar issue to Q27. See Q27.

53

Eliminate "non-sublicensable" clause

Robert.Haugen@choreology.com

Eliminate non sub-licensible

10.2.1 and 10.2.2

The clause, which appears in two places, has been modified to clarify that a direct licensee may permit its customers to use the licensed work consistent with the original license.

54

Create one more IPR Mode; Public Domain

Robert.Haugen@choreology.com

Add public domain IPR mode

4.4 (following 138) and 10.3 (following 354)

Same issue as Q27: see Q27

55

OASIS Should consolidate and broker RF Licenses

Robert.Haugen@choreology.com

Have OASIS Consolidate Licenses

10.X (lots of new text)

Same issue as Q28: see Q28

56

How to resolve the Individual Members Dilemma

Robert.Haugen@choreology.com

Use Feedback License for Individual Members

New section or change to 7

Similar to the "waiver" or "agreement for employers" concept in Q11. See Q11.

57

New IPR Policy

george@granddevelopment.com

Individual Memberships - Consultants

See Q9

Same issue as Q9: see Q9

58

New OASIS IPR Policy

phogan@sinotechnologies.com

Individual membership & accessibility of policy to Open Source community

See Q11, Q27

See Q11 (individuals), Q27 (open source). The subcommittee has been advised that the RF on RAND terms mode is compatible with open source licensing; member comments from governmental communities appear to confirm this.

59

IPR Comments (PARTIAL)

mweiner@us.ibm.com

Editorial Comments

162-566 (text provided)

Various minor edits have been made to implement the suggestions.

60

IPR Comments (PARTIAL)

mweiner@us.ibm.com

Revisit Feedback License

Delete 7.1

Subcommittee concluded that the protection is worth retaining, and would not unduly impede comments. No change made.

61

IPR Comments (PARTIAL)

mweiner@us.ibm.com

Easier path for copyright contributions where no written license required

5.2.2 (additional text)

Subcommittee concluded that Scetion 5.2.2. covers all cases adequately. No change made.

62

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Transition voting rules

Transition Policy

Addressed in separate Transition Policy log

63

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Restrictive RF is not restricted enough

10.2.2

Subcommittee concluded that the existing three planned modes were adequate. See also Q27.

64

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Restriction of licensing obligation solely to Essential Claims is too narrow to promote adoption

2.6 (41-51)

Subcommittee concluded that limiting the required license to "essential claims" was conventional in the industry and thus appropriate. No change made.

65

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

When are Essential Claims determined?

2(6)

Changes to reference to specification stages made, to clarify when an incorporated technology becomes 'essential'

66

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Can Licensing of Optional Parts be different?

2(10)

Subcommittee concluded that limiting the required license to the mandatory elements of a specification was conventional in the industry and thus appropriate. No change made.

67

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Eliminate non-assertion covenants

10.1 and 10.2

Subcommittee has been advised that this alternative is equivalent for user purposes, and may be more readily feasible & enforceable, from some classes of grantor. No change made.

68

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Timing of Disclosures insufficiently clear as to obligation of timely reporting

8.1 (207-218)

Subcommittee concluded that the requirement as stated was conventional in the industry and thus appropriate. No change made.

69

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Disclosure Obligation is weak, as to "actual knowledge" of particiant, and as to patent filings versus applications

8.1 (207-218)

Subcommittee concluded that limiting the required disclosure as stated was conventional in the industry and thus appropriate. No change made.

70

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Disclosure Requests are weak

8.3 (233-237)

Subcommittee views these disclosure requests to nonparticipants as useful, where voluntary and possible, but difficult to mandate. No change made.

71

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Good Faith disclosures, knowledge of parties other than actual TC participants

8.X

Same issue as Q69: see Q69

72

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Licensing Obligations not well-specified (section 9.1)

9.1 (267-272)

Editorial changes made to clarify.

73

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Licensing Obligations not well-specifiied (section 9.2)

9.2 (274-293)

Editorial changes made to clarify.

74

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Delete "non-sublicensible"

10.2.1 and 10.2.2 or a new definition in 2.X

Clarifications have been added to support distributors in section 10.1 and 10.2.1

75

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Delete Reciprocity (of all forms)

10.1 and 10.2

Subcommittee concluded that permitting this condition is a conventional industry practice and appropriate to tolerate in the mandatory licensing terms. No change made.

76

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

What's really negotiable with Restrictive-RF?

10.2.2

FAQ or guidance language should be made available to members on this point. No change to text.

77

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

When has a withdrawal occurred (re: section 11.1 and 11.2; Contribution and Participation Obligations)

11.1 and 11.2

FAQ or guidance language should be made available to members on this point. No change to text.

78

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Definition of Continuing License Obligation (11.2)

2.X

Added definition.

79

IPR Policy Comments from Fujitsu (PARTIAL)

masahiko.narita@jp.fujitsu.com

Why should OASIS disclaim obligation to reference claims on its web-site (14.1)

14.1

Subcommittee advised that this language protects the consortium.

80

 

 

FAQ comments

Only to FAQ

FAQ or guidance language should be made available to members on this point. No change to text.

81

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Feedback License should include obligation to disclose

7.X with changes to Appendix A

Subcommittee concluded that rights provided under the license were sufficient; and too much burden on commenters would retard public input. No change made.

82

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Should Disclosure Obligation survive withdrawal?

11.X

Subcommittee declined to expand burden on a departing TC member. No change made.

83

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Make TC Members aware of all potential claims before voting (section 13)

13

Scetion 13 modified to adopt this suggestion.

84

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Include IPR Mode in final documents (section 14)

14

Unnecessary as this data is readily available in the TC records (as with other history of the spec's development). No change made.

85

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Only "new" members can participate in Transition Voting

Transition Policy

Addressed in separate Transition Policy log

86

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Can new IPR mode apply to pre-existing standards

Transition Policy

Addressed in separate Transition Policy log

87

Vodaphone comments to new IPR Policy (PARTIAL)

alberto.martin@vodafone.com

Staus of Contributions made prior to Transition

Transition Policy

Addressed in separate Transition Policy log

88

Response to proposed IPR Polcy Changes

pmeyer@elkera.com.au

Individual Members ==> Small companies for $1500

Membership Agreement & membership categories

Addressed in separate Membership Agreement log

89

IPR Policy Review

rexb@starbourne.com

General comments about why this may not work

Throughout

Unable to map comments to the draft without greater detail.

90

LMI IPR Comments

MCRAWFORD@lmi.org

Why didn't we adopt the W3C Policy?

Throughout

Subcommittee views the present revision proposal as providing more options and "local" control to TCs: the W3C policy is more suited to its more-centralized consortium control of standards output. No change made.

91

IPR Policy Review

david@drrw.info

Why adopt a new IPR Policy?

Throughout

Similar issue to Q21. See Q21.

92

reminder to chairs : IPR Policy review

david@drrw.info

No IPR mode?

4.4 (following 138) and 10.3 (following 354)

Same issue as Q27: see Q27

93

Visa International's Response (PARTIAL)

gwachob@visa.com

Timing of disclosures

8.1 (207-218)

Same issue as Q68: see Q68

94

Visa International's Response (PARTIAL)

gwachob@visa.com

Section 8 numbering

8

Same issue as Q59: see Q59

95

Visa International's Response (PARTIAL)

gwachob@visa.com

Jointly held patents where one owner is not an OASIS member plus confidentiality

8.2

Subcommittee feels that duties of member vs. non-member owners are clear: may be helpful to provide FAQ or guidance material as an illustration.

96

Visa International's Response (PARTIAL)

gwachob@visa.com

Essential claims definition is too narrow

2.6 (lines 41-51)

See Q64.

97

Feedback on Individual Membership Issues

gwachob@visa.com

Individual Members and other relationships besides employment relationships

See Q9

Same issue as Q9: see Q9

98

Comments on IPR Policy

sallystamand@yahoo.com

Individual Members - fails to meet needs

See Q11

Same issue as Q11; see Q11

99

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Definitions of Committee Draft, Specification and Standard is confusing

Delete 2.14 plus multiple editorial changes

Definitions of different specification classes clarified. See also Q106, Q107.

100

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Normative and optional (again)

2.10

Definiiton clarified.

101

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

A vote for bi-lateral reciprocity only

10.1 and 10.2

Similar to Q8. See Q8.

102

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Additional terms and defaults for each IPR mode

10.1 and 10.2

"Better license" clauses ("except when licensor and licensee have a pre-existing arrangement...") re-inserted

103

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Time qualification for determining essential claims

See Q68

Same issue as Q69: see Q69

104

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Normative and optional (again)

2.10

Same issue as Q100: see Q100

105

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Carve-outs for 3rd parties that cannot be licensed

10.1 (305 - text provided)

Same issue as Q33: see Q33

106

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

Committee Drafts and Specs definitions

6 (184-196)

Similar issue as Q99: see Q99

107

reminder to chairs : IPR Policy review (PARTIAL)

rphilpott@rsasecurity.com

lines 279-281; when licensing obligation kicks in

9.2 (279-281)

Similar issue as Q99: see Q99

108

universal reciprocity - IPR Policy Feedback

jeff.mischkinsky@oracle.com

a vote for mandatory universal reciprocity

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q9: see Q8

109

RF contributor obligation exception for RAND TCs

jeff.mischkinsky@oracle.com

Make Contributions in RAND TCs RF "punitively" if no disclosure

10

Subcommittee declined to add this new feature. No change made.

110

Obligation upon withdrawal (editorial)

jeff.mischkinsky@oracle.com

If Contributions not incorporated into draft prior to withdrawal, then obligation does NOT survive

11.X

Subcommittee regarded proposed change as possibly undermining the reliability of an already-triggered licensing obligation. No change made.

111

non-sublicensable

jeff.mischkinsky@oracle.com

Clarify non-sublicensable

10.2.1 and 10.2.2 or a new definition in 2.X

Same issue as Q53: see Q53

112

Limitations of Liability

jeff.mischkinsky@oracle.com

How can it extend to 3rd parties?

12

Language has been modified to address the concern.

113

Required Disclosure of Essential Claims

jeff.mischkinsky@oracle.com

require 3rd party essential claims to be disclosed, if they do not violate confidentiality

10.1

Subcommittee declined to add to burden of members to police their knowledge of third party claims. No change made. (Such disclosures are permitted, but but mandated.)

114

reciprocity

glushko@SIMS.Berkeley.EDU

reciprocity should be universal

10.2.1 (342-345) and 10.2.2 (347-354)

Same issue as Q8: see Q8

115

IPR Review (PARTIAL)

Brad.Gandee@CONTENTGUARD.COM

Definition of affiliate (provided)

2.1 (16-27)

Same issue as Q6: see Q6

116

IPR Review (PARTIAL)

Brad.Gandee@CONTENTGUARD.COM

Didclosure obligations are unfair to small companies and allow large ones to avoid disclosures

8

Subcommittee views the strong licensing commitments in the policy revisions as offsetting risks of underdisclosure. No change made.

117

IPR Review (PARTIAL)

Brad.Gandee@CONTENTGUARD.COM

Concerns about Section 14.1 boilerplate language for all specs, etc.

14

Subcommittee has been advised that the various disclaimers are appropriate for the protection of OASIS & memebrs. No change made.

118

IPR Policy Question (PARTIAL)

jamie.clark@oasis-open.org

Change the 60 day participation rule to ignore gaps

9.2 (274-293)

Subcommittee prefers original plan to count a cumulative 60 calendar days, over however long a period. No change made.

119

IPR Policy Question (PARTIAL)

jamie.clark@oasis-open.org

Blocking existing RF TCs from becoming new RF TCs

Transition Policy

Addressed in separate Transition Policy log

120

IPR Policy Question (PARTIAL)

jamie.clark@oasis-open.org

Is limitation of liability too broad?

12

Same issue as Q112; see Q112.

121

IPR Policy Question (PARTIAL)

jamie.clark@oasis-open.org

Who signs Membership Agreement and who is bound (affiliates)?

Membership Agreement

Addressed in separate Membership Agreement log

122

IPR Policy Question (PARTIAL)

jamie.clark@oasis-open.org

Individual Members - Multiple employers

Membership Agreement

Addressed in separate Membership Agreement log

123

UBL and proposed IPR Policy changes

jon.bosak@sun.com

UBL can be Restriuctive-Rf

No change requested

No change needed.

124

UBL and proposed IPR Policy changes

david@drrw.info

UBL shouldn't require licensing

6, 10.1, 10.2

Similar issue to Q27. See Q27.

125

UBL and proposed IPR Policy changes

david@drrw.info

More dialogue on no licensing

6, 10.1, 10.2

Similar issue to Q27. See Q27.

126

Please keep the list open for dialogue

Robert.Haugen@choreology.com

We'd like a discussion list

No change requested

No change needed.

*Draft reference indicates the section (line) numbers in the Member Review Draft

Last Updated on 2/01/2005