RE: [legalxml-sc] Inquiry About IP

From
James Cabral
Date
2005-02-01T16:05:00+00:00
ID
Thread
RE: [legalxml-sc] Inquiry About IP
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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 08:04:38 -0800









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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