Thanks Craig (and Mark). I'll add the references. David
Craig L Russell <[EMAIL PROTECTED] n.COM> To Sent by: "Mark A. Carlson" [EMAIL PROTECTED] <[EMAIL PROTECTED]> .COM cc general@incubator.apache.org, David L Kaminsky/Raleigh/[EMAIL PROTECTED], W G 09/17/2007 01:53 Stoddard/Raleigh/[EMAIL PROTECTED] PM Subject Re: Incubator Proposal: SPL Hi Mark, Thanks for that. I also found other documents on the site [1] to be relevant, in particular the cover page of [2]. I have no further issues with the IP aspect of this proposal, and suggest that references to [1] and [2] and [3] be included in the updated proposal to head off future rat-holes. Regards, Craig [1] http://www.dmtf.org/about/policies [2] http://www.dmtf.org/standards/published_documents/DSP4004.pdf [3] http://www.dmtf.org/about/policies/patent-10-18-01.pdf On Sep 17, 2007, at 10:30 AM, Mark A. Carlson wrote: > The DMTF patent policy is here: > > http://www.dmtf.org/about/policies/patent-10-18-01.pdf > > The DMTF does not have any IP in any of its specs and > unless DMTF is explicitly notified of such, neither do any of > the members. > > -- mark > > Craig L Russell wrote: >> Hi David, >> >> Thanks for the clarifications. >> >> On Sep 17, 2007, at 5:57 AM, David L Kaminsky wrote: >> >>> On the standard itself, not surprisingly, the DMTF encourages >>> implementations, and at submission, the DMTF requires this text: >>> >>> "Permission to copy, display, perform, modify and distribute the >>> specification, and to authorize others to do the foregoing, in >>> any medium >>> without fee or royalty is hereby granted for the purpose of >>> developing and >>> evaluating the Specification. >> >> But the intended use here is not "developing and evaluating" the >> Specification, but implementing it. Is there a grant of license >> for implementations? >> >>> The Specification may be published as one or >>> more separate documents including for example as ASCII formats, >>> schema or >>> metadata files rather than solely as a single document. >>> >>> "Co-Developers agree to grant a license to third parties, under >>> royalty-free and otherwise reasonable, non-discriminatory terms and >>> conditions, to their respective Essential Patent Rights (as that >>> term is >>> defined in the DMTF Patent and Technology Policy) that are >>> necessary to >>> implement the Specification in accordance with the DMTF Patent and >>> Technology Policy." >> >> This required grant of patent rights is a good indicator that >> implementing the Specification doesn't get Apache into potential >> trouble, but I'd still like to see an explicit statement regarding >> the rights of independent implementations to use the IP contained >> in the Specification itself. >> >> Regards, >> >> Craig >> >> Craig Russell >> DB PMC, OpenJPA PMC >> [EMAIL PROTECTED] http://db.apache.org/jdo >> >> Craig Russell DB PMC, OpenJPA PMC [EMAIL PROTECTED] http://db.apache.org/jdo