legalxml-sc — archive

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

From: Monica Palmirani <[email protected]>
To: [email protected]
Date: Tue, 29 Apr 2014 18:24:00 -0000

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) < [email protected] > 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: [email protected] [mailto: [email protected] ] On Behalf Of Chet Ensign Sent: Tuesday, April 22, 2014 3:07 PM To: [email protected] 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 http://www.oasis-open.org Primary: +1 973-996-2298 Mobile: +1 201-341-1393 Check your work using the Support Request Submission Checklist at http://www.oasis-open.org/committees/download.php/47248/tc-admin-submission-checklist.html TC Administration information and support is available at http://www.oasis-open.org/resources/tcadmin Follow OASIS on: LinkedIn: http://linkd.in/OASISopen Twitter: http://twitter.com/OASISopen Facebook: http://facebook.com/oasis.open -- Scott McGrath COO [email protected] Tel +1 781-425-5073 x202 Fax +1 781-425-5072 Follow OASIS on: LinkedIn: http://linkd.in/OASISopen Twitter: http://twitter.com/OASISopen Facebook: http://facebook.com/oasis.open -- =================================== Associate professor of Legal Informatics School of Law Alma Mater Studiorum Università di Bologna C.I.R.S.F.I.D. http://www.cirsfid.unibo.it/ Palazzo Dal Monte Gaudenzi - Via Galliera, 3 I - 40121 BOLOGNA (ITALY) Tel +39 051 277217 Fax +39 051 260782 E-mail [email protected] ====================================