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RE: [legalxml-sc] Inquiry About IP

From: James Cabral
To: [email protected]
Date: Tue, 01 Feb 2005 16:05:00 -0000

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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 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:[email protected]]
Sent: Tuesday, February 01, 2005 7:09 AM
To: 'Bergeron, Donald L. (LNG-DAY)'; Cabral, James E.; 'Winters, Roger'; [email protected]
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:[email protected]]
Sent: Tuesday, February 01, 2005 9:49 AM
To: 'Cabral, James E.'; Winters, Roger; [email protected]
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
[email protected]
O 937-865-1276
H 937-748-2775
M 937-672-7781

From: Cabral, James E. [mailto:[email protected]]
Sent: Monday, January 31, 2005 5:27 PM
To: Winters, Roger; [email protected]
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:[email protected]]
Sent: Monday, January 31, 2005 2:12 PM
To: [email protected]
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

[email protected]

COMING SOON!

Follow-Ups:
- RE: [legalxml-sc] Inquiry About IP
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