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



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