- From: Roger Cutler <rogercutler@gmail.com>
- Date: Thu, 8 Dec 2011 10:38:41 -0600
- To: public-oilgaschem@w3.org, Ian Jacobs <ij@w3.org>
- Message-ID: <CAMU31A6rzX4MUkowJfWEg7S7aMzrB+pdzPJ_kB8Yzh5iTcbW9Q@mail.gmail.com>
On reflection, I think I got off on the wrong foot with respect to contributions and have gotten twisted off worrying about scenarios that can't happen. Let me back up a bit: I see offhand four types of things that might be considered contributions (or in one case might not): 1)Ontologies; 2)Documents describing business processes or use cases for the technology; 3)Presentations describing business solutions, applications of technology, etc; 4)Results of POC (Proof of Concept) demonstrations in which group members collaborate to build an application. The first and second most obviously fit the definition of contribution in the CLA. Both are reasonably self-contained, formal and complete technical specifications (using the term a bit differently) that I'm sure would need to be approved by various corporate entities before submitting. I do not think that such approval mechanisms would make an appreciable distinction between submission to a group that includes competitors and release to the public, since in both cases there would be no NDA (non-disclosure agreement) in place. The third, presentations, would presumably require the same kind of approval, again I believe essentially the same for group and public consumption. In this case, however, I question that you would actually classify these as "contributions". I recall a number of instances at HCLS IG meetings in which members gave presentations summarizing their work and achievements, and I think that this "just happens" and is considered communication. I suspect that in some cases the presentations are archived publicly on a W3C site and possibly in others not, but I think that's probably a different issue. The last example is probably more complex. I bring it up because I know that this kind of thing has happened in the context of industry standards groups, but unfortunately I've not been close enough to these efforts to know exactly how they are structured. I strongly suspect, however, that these collaborations have a legal framework in addition to, or outside of, the standards body. Let me give an example. Suppose companies A, B, and C agree to work, under the auspices of standards body S, on a demonstration of communication between companies in a simulated joint venture environment established on servers provided by A. (This kind of thing has actually happened). I am virtually positive that this would require some sort of legal framework -- probably an NDA -- involving A,B and C but probably not S. Some suitably summarized report of the results, with some information possibly obfuscated, would then be reported back to S with the expectation of publication. This report might or might not contain portions of the actual code used in the demonstration, depending on details of whether that code involves proprietary systems. I can easily think of examples of information that would have to be shared between A, B and C but probably not reported to S and certainly not made public. A trivial example would be the passwords required to get into the server. A less trivial example could be the data model and API definitions for a vendor system used in the demonstration. I know from experience that there can be contractual limitations to making this kind of thing public. All this related to POC's is potentially complex and I think would need to be worked out on a case by case basis. I think it's well beyond the scope of a charter. So on balance, it seems to me that any reasonable "contribution", which to me implies something rather formal and well thought out that has been approved for release by appropriate corporate processes, should be headed toward being made public. I think that ensuring that there is an appropriate level of detail and obfuscation in the contribution -- that is, that it does not accidentally reveal any sensitive IPR or violate IP (Information Protection) restrictions -- would be part of that process. So I think I am completely reversing myself and now I think that if a member makes a formal contribution that there should NOT be an expectation of it remaining restricted to the group. In fact, I wonder whether trying to do that would raise anti-trust concerns. Let me recall that the primary motivation for restricting access to work conversations is NOT to establish confidentiality but rather to provide some level of protection for careless talk. That is, to provide an environment in which one does not have to be quite so worried about all the possible ramifications of every statement. In other words, the concern is that in conversation one might carelessly say things that could be misconstrued or that are actually wrong or not fully thought out, and one does not want these mistakes to become publicly attributed to the company. Finally, there may be the issue of timing. Should a "contribution" be available to group members before the public? That might be an incentive to join the group, I suppose, if that were perceived to be a potential competitive advantage. However, when one states it that way I again worry -- and do not know because I am not in a position to get legal advice on this -- whether that could be interpreted as an anti-trust violation. That thought, however, makes me want to stay away from the issue unless there is a real reason to pursue it -- and at this point I don't see such a reason. Of course, reading the CLA carefully I infer that the requirement for publication of a contribution only applies if the contribution is actually used in a deliverable of the group. I'm not quite sure how to handle that. How about saying in the charter that the group may choose not to accept a contribution, but if it does accept it that the contribution will be made public? Is that reasonable and desirable?
Received on Thursday, 8 December 2011 16:39:13 UTC