I would not state anything about copyright - the normal rules of copyright
apply. I certainly do not agree that I "grant ulimited , license free,
....."
I would not state anything about patents either. Saying 'we will not prgress
a spec unless ....' does not need to be stated here (and in fact there may
be exceptions). The group is a bunch of intelligent grown-ups representing
many companies. I for one dont need to be told to think hard before agreeing
to a standard that requires me to pay some company a royalty for each
license. Having said that, I might agree to it. Nor do I need to be told
that I should choose a free standard over a royalty based one. This is just
one of the factors to be taken into account in the process.
All I would say is the final section about Non-NDA.
> -----Original Message-----
> From: don at lexmark.com [SMTP:don at lexmark.com]
> Sent: Friday, July 17, 1998 12:43 PM
> To: pwg at pwg.org> Subject: PWG> Process Document
>> Here my new text covering intellectual property and confidentiality for
> the
> process document. Please share your comments as soon as possible.....
>> --------------------------------------------------------------------------
> -
>> 8. Intellectual Property and Confidentiality
> 8.1. Intellectual Property
>> In the course of standards work, the PWG receives contributions
> in various forms and from many individuals and companies.
> The following applies to all written submissions to the PWG.
> It does not apply to intellectual property simply mentioned
> during discussions at meetings, in telephone conference calls
> or via e-mail reflector discussions within the PWG or any of
> its working groups.
>> · Copyrights:
> 1. To the extent that a submission is or may be
> subject to copyright, the individual or organization
> grants an unlimited perpetual, non-exclusive, royalty-free,
> world-wide right and license to the PWG under any
> copyrights in the contribution. This license includes
> the right to copy, publish and distribute the contribution
> in any way, and to prepare derivative works that are based
> on or incorporate all or part of the contribution, the
> license to such derivative works to be of the same scope
> as the license of the original contribution.
> 2. The contributor represents that the contribution properly
> acknowledges all major contributors, and the contributor
> grants permission to reference the name(s) and address(es)
> of the contributor(s) and of the organization(s) they
> represents (if any).
>> · Patents:
> 1. The individual or organization must disclose the existence
> of any proprietary or intellectual property rights in the
> contribution that are reasonably known to the contributor.
> The contributor does not represent that he personally
> knows of all potentially pertinent proprietary and
> intellectual property rights owned or claimed by third
> parties not involved in the contribution.
>> 2. Where any patents, patent applications, or other proprietary
> rights are known, or claimed, with respect to any
> specification on the standards track, and brought to the
> attention of the PWG, the PWG shall not advance the
> specification unless the individual or organization that
> owns these rights agree to license the patent or other
> property right with reasonable and non-discriminatory
> terms and conditions. In such cases, the Working Group
> chair shall obtain from the owner of such rights, a
> written assurance that upon Formal Approval of the PWG
> standard, any party will be able to obtain the right to
> implement, use and distribute the technology or works
> based upon the specific specification(s) under reasonable,
> non-discriminatory terms and conditions.
>> 3. Where multiple options are available for standardization
> and where no significant technical differences can be
> identified (in the opinion of the Working Group) preference
> shall be given to options in the following order:
>> a) No patents issued or pending
> b) Patents available without license fee or conditions
> c) Patents available with reasonable, non-discriminatory
> terms and conditions.
>> 8.2. Confidentiality
>> The operation of the Printer Working Group is conducted without
> non-disclosure agreements among the parties. Information shared
> at meetings, telephone conference calls, via e-mail reflector
> discussions or any other public event within the PWG or any of its
> working groups is considered to be public knowledge.
>>> --------------------------------------------------
>> **********************************************
> * Don Wright don at lexmark.com *
> * Product Manager, Strategic Alliances *
> * Lexmark International *
> * 740 New Circle Rd *
> * Lexington, Ky 40550 *
> * 606-232-4808 (phone) 606-232-6740 (fax) *
> **********************************************