Disclosure notes [Was: Things that make you go hmmm [Was: Fwd: RE: Next Steps for W3C Coremob]]

Hi Josh,

I have some comments on your observations below

> 
> -------- Original Message --------
> Subject: 	RE: Next Steps for W3C Coremob
> Resent-Date: 	Tue, 12 Mar 2013 18:04:15 +0000
> Resent-From: 	<public-coremob@w3.org>
> Date: 	Tue, 12 Mar 2013 18:03:44 +0000
> From: 	ext Josh Soref <jsoref@blackberry.com>
> To: 	Core Mobile <public-coremob@w3.org>
> 
> 
> 
> Jo wrote:
[snip]
> 
>> There are also a number of areas to look at,
>> particularly how people and organizations that are unaffiliated with
>> W3C might continue to contribute.
> 
> While it's true that it's hard for non-W3 members to participate in IGs, I'd like to note that it was easy for us, a W3 member to join Core Mobile, whereas we've had significant trouble getting internal approval to join traditional WGs.
> 
> For something which is more or less an advocacy group, the CG style IPR commitment is a lot easier to sell to our powers that be than the IG/WG commitments.
> 
> There are two classes of IP disclosure under the W3 Patent Policy [1]. There's a table of the agreements and policies in the community compare [2] page.
> 
> The first is more or less what applies to members of a WG - where they generally grant RF - see "W3C Patent Policy (Recommendations)".
> The second is what applies to an IG see "W3C Patent Policy (Disclosure)". I've recently been spending a lot of time talking with people about how disclosure affects things (because patents have been mentioned in the news over the past week or so), and I'm fairly concerned that through a chain of unfortunately interrelated things, Disclosure may be seen by management as just as big of a reason not to allow someone to join a group as RF granting is. This is a new opinion, it doesn't represent any actual Legal opinion, nor the opinion of any entity, but it is where I sit today.

As a Member employee, you have a disclosure obligation whether or not you are in an IG; see section 6:
 http://www.w3.org/Consortium/Patent-Policy-20040205/#sec-Disclosure

which says:

 "Disclosure is required when both of the following are true:

	• an individual in a Member organization receives a disclosure request as described in section 6.3; and
	• that individual has actual knowledge of a patent which the individual believes contains Essential Claim(s) with respect to the specification for which disclosure is requested."

IG charters don't create the obligation for Members, the Patent Policy does.


[snip]

>> The group as pictured above will have a very broad remit and in
>> order to make sensible progress on chosen topics we will need
>> to make sure there is focus.
> 
> I can assure you that terms like this make the already painful process of joining a WG w/ its large IPR scope infinitely more painful.
> 
> So, while I, in principle, think it's the right scope, I think you should accept that using IG IPR policy instead of CG IPR policy is pretty much a non-starter.

I don't understand the conclusion. 

Ian

> 
>> We must also make sure that a broad range of possible participants
>> can contribute where they feel they are particularly interested without
>> being burdened with things that they are less interested in.
> 
> [1] http://www.w3.org/Consortium/Patent-Policy-20040205/
> [2] http://www.w3.org/community/about/agreements/compare/
> [3] http://www.w3.org/community/about/agreements/cla/
> 
> 
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> 

--
Ian Jacobs (ij@w3.org)    http://www.w3.org/People/Jacobs/
Tel:                                      +1 718 260 9447

Received on Wednesday, 13 March 2013 03:23:35 UTC