[KI-LC] [BoT] Proposed Change to the Intellectual Property Rights Policy

Iain Henderson iain.henderson at mydex.org
Tue Nov 17 03:43:54 EST 2009


On 17 Nov 2009, at 08:40, Robin Wilton wrote:

> I think Bob has a point. If the list of options is to double in  
> size, it becomes all the more important to give some indication of  
> what the implications are of choosing a given alternative.
> We should bear in mind that people setting up a WG/DG are doing so  
> for some purpose other than to spend time reading up on copyright  
> law... and (with all respect to Conor) we explicitly expect some  
> groups to be set up by people who don't have a legal team to refer  
> to when making their choice. I note the comment that 'adding a brief  
> description may put Kantara at risk of being accused of describing a  
> given option misleadingly'. My view is that if we're not able to  
> offer a brief description which explains the option in terms  
> understandable to a non-lawyer (and a non-specialist in spec/IPR  
> management), we probably shouldn't be offering that option. Either  
> we should already have the skills accessible 'in-house' to come up  
> with such a description, or we should have the means to get one from  
> someone appropriate. I think that's exactly the kind of added value  
> the Kantara 'umbrella organisation' should be aiming to provide, in  
> order to attract projects which might otherwise go elsewhere.
> Plus, of course, there's the matter of mitigating risk: the more  
> clearly people are informed about the implications of choosing one  
> IPR option rather than another, the less the risk that their group  
> will generate IPR problems down the line.
> Yrs.,
> Robin
> Bob Pinheiro wrote:
>> How does this help a new WG choose an appropriate IPR option? My  
>> apologies if that's not the issue we're addressing here, but my two  
>> cents is that it would be useful to have some sort of "IPR Guide"  
>> for new WGs that would help them sort through the options.  So the  
>> guide could say, "If the output of this WG is technical  
>> specifications, these are the IPR options you can choose from, and  
>> here are the implications of each one." The same could be repeated  
>> if the output of the WG is whitepapers, or if it is software, or if  
>> it is something else.  Although the same IPR option could possibly  
>> be applicable for WGs having different types of outputs, today it's  
>> not always clear how the same IPR option would apply to different  
>> kinds of outputs.  For instance, the current Liberty Option says  
>> that it is applicable "for development of Technical Specifications  
>> or other output of a Work Group", but after that it only speaks to  
>> technical specifications.  So it's not clear what the Liberty  
>> Option means for a WG producing some other output such as  
>> whitepapers, for instance.
>> Another thing that also isn't clear (to me anyway) is how to choose  
>> an IPR option if a WG produces some combination of specifications,  
>> whitepapers, software, or something else.  Presumably a WG can only  
>> have one IPR option.  Some guidance on choosing an appropriate IPR  
>> for such a WG would probably be helpful.
>> Bob
>> Brett McDowell wrote:
>>> If/when that happens I'd expect the list of options to be like this:
>>> 1) Source Code CLA: Apache 2.0
>>> 2) Copyright: CC Share Alike with Attribution
>>> 3) Patent & Copyright: Reciprocal Royalty Free with Opt-Out to RAND
>>> -->[everything below this line is fiction, just to illustrate how  
>>> we'd grow]
>>> 4) Source Code CLA: GPL
>>> 5) Copyright: Kantara Initiative All Rights Reserved
>>> 6) Patent & Copyright: OWFa version 0.9
>>> etc.
>>> Brett McDowell  |  http://info.brettmcdowell.com  |  http://KantaraInitiative.org
>>> On Nov 16, 2009, at 5:10 PM, Eve Maler wrote:
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Iain Henderson
iain.henderson at mydex.org

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