A Special Majority Ballot to approve requesting affiliation with the LegalXML Member Section has been set up

The origin of this request was
generated by an inspiring discussion with Jamie Clark and Robin
Cover concerning the LegalDocML and LegalRuleML TCs on the most
appropriate license to apply to XML schemas.
Oxygen was interested to apply Akoma Ntoso (LegalDocML) inside of
its products, but without a clear license Oxygen blocked the
project. The current OASIS IPR Policy
https://www.oasis-open.org/policies-guidelines/ipr  is not a
standard license, it is closer to a regulation for the members.
The problem, especially for the European Law, is there isn't,
nowadays, a license per-se in OASIS that is embeddable inside of
the xsd schema for providing the rights to any end-user to reuse
the schema inside of its products. Moreover the OASIS IPR policy
includes a lot of obligations (e.g. about voting, TC rules, etc.)
unnecessary for a potential final end-users (e.g. Oxygen or Drools
or Red Hat) that is not a member of OASIS.
For this reason we asked to Jamie to use a permissive license
(e.g. MIT, BSD, etc.) for Akoma Ntoso XSD and for LegalRuleML
schemas.
The answer was that: it is not possible in this phase of the
abovementioned TCs process because the choice of the IPR regime
must be done at the moment of the charter and definitely in the
moment of the Member Section affiliation.
Considering this constraint, the co-chairs of LegalDocML and
LegalRuleML have asked to Jamie to have a restricted extract of
the long IPR policy document more similar to a license. We are
working on this possible possible solution.
For the new LegalciteM TC: it wants strongly to be affiliated to
LegalXML because LegalXML is the more appropriate Member Section
and also for encouraging liaisons between the other connected TCs.
In meantime LegalciteM TC prefers to not have the same IPR
problems encountered in the LegalDocML and LegalRuleML TCs about
the licenses.
The ballot result:
https://www.oasis-open.org/committees/ballot.php?id=2600
I hope this info helps the LegalXML-SC to take a positive decision
about the affiliation of LegalciteM TC even if it decided to have
Non-Assert mode.
Yours,
Monica
Il 29/04/2014 17:49, Scott McGrath ha scritto:
The TC Process and Member Section Policy work in
tandem to have  both the TC and the Steering committee decide to
affiliate with each other.  I don't know that there has ever
been any contention, where one wants affiliation, the other
doesn't, so I'll presume that outcome is inevitable.
So, if the TC ballot passes, the SC must also vote to
accept the TC's affiliation, specifically waiving in this
instance the RF on Limited Terms restriction in favor of
Non-Assert mode of the TC.  (If the two groups cannot agree on
affiliation, the TC would have to close and recharter under a
new name without the LegalXML brand)
That's the process, but what are the considerations?
I believe the early leadership in the LegalXML thought it
important that any specs and standards in their space be as
free of constraining licensing as possible.  When OASIS
formalized the 3 optional IPR Modes in the TC Process, the
ROP was revised to specify the RF on Limited Terms
restriction on TC Charters--  as that IPR Mode was
determined to be the least constraining.  In fact, I recall
discussions with the leadership where they expressed
disappointment that we didn't then offer then a less
restrictive licensing mode.  Now, with the relatively new
Non-Assert Mode available I believe that mode would meet
with their approval and would be deemed a better option than
RF on Limited Terms..  That said, I think it is equally true
that a request to waive that restriction and to accept the
affiliation of a TC that chartered in RAND mode would be
contrary to the thinking of your  founding fathers .
Of course, you as the current Steering Committee
members must decide if waiving the restriction to RF on
Limited Terms is appropriate, and if the Non-Assert Mode
is an appropriate choice in the current environment.
Going forward, if you think Non-Assert mode does serve
your constituents well, then you might consider taking the
next opportunity to change the ROP to allow either RF on
Limited Terms or Non-Assert modes in future affiliated
TCs.  There are changes to the MS Policy that we will be
discussing shortly that may also encourage a change to the
ROP, so you may be able to get two changes at the same
time.
Does that answer your question?
Scott...
Scott...
On Tue, Apr 29, 2014 at 10:52 AM,
Shifrin, Laurel (LNG-HBE)  < 
>
wrote:
Scott
–

Scott
– can you shed some light on the implications and
expectations from the Legal XML Steering Committee
on this special ballot?

Full
text of the ballot:
Do you approve
requesting the the LegalXML Member Section waive its
requirement that affiliated TCs use the RF on
Limited Terms IPR mode and approve the affiliation
of the Legal Citations Markup TC?
This ballot
requires a Special Majority Vote [1]. The TC roster
currently lists 20 voting members. In order to pass,
at least 14 (2/3 of 20) members have to vote Yes and
no more than 5 (1/4/ of 20) members may vote No.
[1]  http://www.oasis-open.org/committees/process-2010-07-28.php#dSpecialMajority

Thanks,
Laurel
From:

[mailto:  ]
On Behalf Of  Chet Ensign
Sent:  Tuesday, April 22, 2014 3:07 PM
To:

Subject:  [legalcitem] A Special Majority
Ballot to approve requesting affiliation with the
LegalXML Member Section has been set up

Members of the LegalCiteM TC,

A Special Majority Vote to
approve requesting affiliation with the LegalXML
Member Section has been set up.

The ballot opens 23 April 2014
at 00:00 GMT and remains open through 29 April
2014 at 23:59 GMT. You can access the ballot at:

Internal link:
https://www.oasis-open.org/apps/org/workgroup/legalcitem/ballot.php?id=2600
Publicly visible link:
https://www.oasis-open.org/committees/ballot.php?id=2600

To vote on this ballot, log on
to the OASIS web site, go to the internal link
listed above, check off your vote and click
Submit.

This is a Special Majority Vote
so 2/3 of the voting members must vote yes and no
more than 1/4 may vote no. The TC roster currently
lists 20 voting members. In order to pass, at
least 14 (2/3 of 20) members have to vote Yes and
no more than 5 (1/4/ of 20) members may vote No.


This ballot is only open to
eligible voting members of the TC. I currently
show the following members as eligible to vote:

* Bennett, Daniel,  Individual
* Bennett, Frank,  Japan Legal
Information Institute, Nagoya ...
* Carver, Brian,  Document
Engineering Services Limited
* Cochet, Joan,  National
Center for State Courts
* Dann, John,  ELI Task Force
* Ensign, Chet,  OASIS
* Frug, Sara,  Cornell Law
School, Legal Information Inst...
* Graham, Gary,  Arizona
Supreme Court
* Harris, Jim,  National Center
for State Courts
* Hirsh, Ken,  American
Association of Law Libraries
* Joergensen, John,  Rutgers
University School of Law
* Knapp, Melanie,  George Mason
University Law Library
* Kuster, Marc,  ELI Task Force
* Larrington, Jane,  University
of San Diego Legal Research Center
* Neuren, Michael,  Judicial
Council of Georgia
* Niedringhaus, Kristina,
 Georgia State University College of Law Li...
* Palmirani, Monica,
 University of Bologna-CIRSFID
* Parisse, Véronique,  Aubay
S.A.
* Tabone, Catherine,  ELI Task
Force
* Vitali, Fabio,  University of
Bologna-CIRSFID

If you do not see your name on
this list and you believe that to be an error,
please notify the TC Chairs and me so that we can
rectify the situation.

--
/chet

----------------

Chet Ensign
Director of Standards Development and TC
Administration
OASIS: Advancing open standards for the information
society
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