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

Bob Pinheiro kantara at bobpinheiro.com
Tue Nov 17 13:07:07 EST 2009


I'd be willing to do this, but I don't think those of us who are only 
amateurs at understanding the legal aspects of these IPR options can do 
it alone.  So if we are going to form a committee to explore this 
further, I would want participation by the lawyer(s) that Kantara uses 
to formulate these IPR options.  If the lawyers are willing to 
participate, then I think the job of this committee would be to ask the 
right questions of the lawyers and translate their responses into some 
practical guidance for new WGs as they choose an IPR option.  If we 
can't get participation from the lawyers, IMO we would be wasting our 
time, because we would be doing little more than second-guessing what 
any of these options really means, and what the legal implications are 
for different types of WGs.

Bob

J. Trent Adams wrote:
> All -
>
> It sounds like we're not ready for the BoT to approve an approach, but
> that there's a lot of interest in following this up.
>
> I propose forming a special committee of the LC to bring this idea home.
> Otherwise, I fear we'll talk about this some more but it'll never come
> to fruition as everyone expects someone else to be doing it.
>
> Anyone willing to volunteer to lead the effort (Bob)? Assuming someone
> can herd the troops, I'm guessing you'd receive willing participation
> from Iain, Robin, and Eve to help flesh out an action plan. I assume
> that Brett and his merry band of staffers would also be interested in
> spending some time to help bring it home.
>
> Anyone willing volunteers to sit on the committee?
>
> - Trent
>
>
> Iain Henderson wrote:
>   
>> agreed
>>
>> 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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