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

Eve Maler eve at xmlgrrl.com
Thu Oct 1 14:59:28 EDT 2009


I like Brett's direction.  We should definitely expect to get more  
options added as we go, and "classifying" them informally by what they  
actually cover makes sense.  And now, as the option list grows, I can  
also foresee a useful "matrix page" that sorts/explains them along  
these lines...

	Eve

On 1 Oct 2009, at 8:48 AM, Brett McDowell wrote:

> I also think it makes sense to clarify that Apache 2.0 is a CLA, it's
> really for open source projects and it's probably not going to be the
> only CLA we have in the long-term.  In fact, given all the discussion
> I've heard over the summer when WG's were trying to figure out which
> IPR Policy to use, it might help to categorize them a bit at a
> high-level to see what sort of animal each is.  So that might lead us
> to:
>
> 1) CLA: Apache 2.0
> 2) Copyright: CC Share Alike with Attribution
> 3) Patent & Copyright: Reciprocal Royalty Free with Opt-Out to RAND
>
> (Opt-Out is more accurate than "fall back to")
>
> Longer titles, but... your thoughts?
>
>
> Brett McDowell | http://info.brettmcdowell.com | http://kantarainitiative.org
>
>
>
> On Thu, Oct 1, 2009 at 11:40 AM, Peter Davis  
> <peter.davis at neustar.biz> wrote:
>> On Oct 1, 2009, at 11:22 AM, Cahill, Conor P wrote:
>>
>>> I think that Apache 2.0 and Creative Commons are well known names  
>>> within
>>> legal teams… so you don’t need to change those names.
>>
>> Agree wrt Apache 2.
>> CC, on the other hand constitutes a suite of license options, one  
>> of which
>> is Share Alike with Attribution.  So some clarification would be  
>> helpful.
>>
>>> The problem is mostly around the “Liberty” name.   I do suggest we  
>>> change
>>> that to something along the lines of “Reciprocal RF with fallback  
>>> to RAND”
>>> as that makes it much easier for everyone to understand and they  
>>> should get
>>> why it’s there as another option compared to the others as opposed  
>>> to just
>>> an extension of the Liberty legacy.
>>
>> +1 for Reciprocal RF with fallback to RAND vs. Liberty
>>
>> =peterd
>>
>>
>>>
>>> Conor
>>>
>>> From: trustees-bounces at kantarainitiative.org
>>> [mailto:trustees-bounces at kantarainitiative.org] On Behalf Of Brett  
>>> McDowell
>>> Sent: Thursday, October 01, 2009 11:13 AM
>>> To: Paul Madsen
>>> Cc: Leadership Council; Roger.Martin at corp.aol.com; Kantara BoT
>>> Subject: Re: [BoT] [KI-LC] Proposed Change to the Intellectual  
>>> Property
>>> Rights Policy
>>>
>>> As a thought exercise, let's explore Paul's suggestion.
>>>
>>> We might call the "Liberty Option" something like "Reciprocal  
>>> Royalty
>>> Free"
>>>
>>> We might call "Creative Commons Option" something like... "Share  
>>> Alike
>>> w/Attribution" or "Free Derivative Copyright" or ???
>>>
>>> We might call "Apache 2.0 Option" something like... "Software  
>>> Contributors
>>> Licensing Agreement" or "Software CLA"
>>>
>>> Is that ultimately more helpful or more confusing?  I see it open  
>>> the door
>>> for disputing the title or claiming the title misrepresents the  
>>> legal
>>> obligations of the license.  It could muddy the waters.  That  
>>> said, what do
>>> you think... ?
>>>
>>>
>>>
>>> Brett McDowell | http://info.brettmcdowell.com |
>>> http://kantarainitiative.org
>>>
>>>
>>> On Thu, Oct 1, 2009 at 11:06 AM, Paul Madsen <paulmadsen at rogers.com>
>>> wrote:
>>> Why not use meaningful labels for the policies?
>>>
>>> I forsee lots of 'Option C, now which one is that?'
>>>
>>> paul
>>>
>>> Roger Martin wrote:
>>>
>>> To: BoT and LC
>>>
>>> The Leadership Council has requested (LC Motion 2009-09-14-E, see
>>> http://kantarainitiative.org/confluence/x/DQATAg for further  
>>> details) to
>>> change the name of the IPR policy currently named "Option Liberty"  
>>> to a name
>>> that is more descriptive of the legal definitions within that  
>>> policy.  The
>>> LC has not suggested a new name, but has requested that the BoT  
>>> make a
>>> change.
>>>
>>> Revision of the Kantara Initiative Intellectual Property Rights  
>>> Policies
>>> requires Supermajority approval of the Board of Trustees.  (see  
>>> Article
>>> 7)..."Except where otherwise provided for in individual Articles  
>>> herein,
>>> this Intellectual Property Policies and the Options may only be  
>>> altered,
>>> amended, or repealed, and new Intellectual Property Policies and  
>>> Options
>>> adopted, upon approval by a Supermajority of the Board."
>>>
>>> The Officers have discussed this request and have come to the
>>> recommendation that a more generic change is in order.  It is  
>>> proposed that
>>> each individual IPR policy option in the Intellectual Property  
>>> Rights
>>> Policies document be given a generic name (e.g. Option A, Option  
>>> B, Option
>>> C, etc).  For each Option, a footnote would be included that  
>>> explains the
>>> source of the policy and the recommended uses of that policy.
>>>
>>> Before actually preparing the specific changes, we have decided to  
>>> open
>>> this up for discussion among the BoT and LC members.
>>>
>>> Do you have an opinion or recommendations regarding this issue?
>>>
>>>   ...rogerM
>>>
>>> --
>>> ******************************************
>>> Roger Martin, Treasurer, Kantara Initiative
>>>     AOL
>>>     22260 Pacific Blvd    41A:A03
>>>     Dulles, VA 20166
>>> email: roger.martin at corp.aol.com
>>>         AIM:       rjmartin99
>>>         phone:  703-265-6203
>>>         mobile: 703-389-1547
>>> *******************************************
>>>
>>>
>>> *******************************************
>>>
>>>
>>>
>>>
>>>
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>>>
>>> --
>>> Paul Madsen
>>> e:paulmadsen @ ntt-at.com
>>> m:613-282-8647
>>> web:connectid.blogspot.com
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>>
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Eve Maler
eve at xmlgrrl.com
http://www.xmlgrrl.com/blog




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