Re: CORRECTION [Was: Transition Request: PER Request for XML Base Second Edition]

On Wed, 2008-01-16 at 15:49 +0000, Richard Tobin wrote:
> (I'm following up a very old message here, and I've deleted most of
> the cc: list.)
> 
> We're planning a new XML Base PER and I'm trying to get the patent
> statement right.  Here's what you (Ian) said a year ago:

Hi Richard, 

See comments inline.
 _ Ian

> > More followup!
> > 
> > I think that all PERs that revise Recommendations published
> > prior to the CPP are covered by the CPP. Here is my reference [1],
> > in section "2. Considerations when a New Charter for an Existing Working
> > Group is Revised to Include the W3C Patent Policy":
> > 
> >  "Proposed Edited Recommendations derived from a Recommendation not
> >   developed under the W3C Patent Policy, will be governed by the CPP."
> > 
> > I had forgotten about that provision earlier in the thread.
> > 
> > Thus, I return to my previous position which is that it is appropriate
> > to have this first sentence in the boilerplate:
> > 
> >  "This document is governed by the 24 January 2002 CPP as amended by the
> >   W3C Patent Policy Transition Procedure."
> 
> Here's the text I'm planning to use.  Note that the links for
> "essential claims" and "disclosure" point into the 2002 document; I
> assume that's right.

Actually, the references for CPP Recs should be to the W3C Patent Policy
for the following reasons stated in the transition procedure:
  http://www.w3.org/2004/02/05-pp-transition#general

"The disclosure rules of section 3 are superseded by those of section 6
of the W3C Patent Policy."

and:

 "The definition of "Essential Claim" of appendix 6 is superseded by the
definitions in section 8 of the W3C Patent Policy (which are
considerably clearer)."

>   (Disclosure is section 3 in the 2002 document,
> not 6.)
> 
> <p>
> This document is governed by the
> <a href="http://www.w3.org/TR/2002/NOTE-patent-practice-20020124">24 January 2002 CPP</a>
> as amended by the W3C Patent Policy Transition Procedure.

Please add a link to the transition procedure:
 http://www.w3.org/2004/02/05-pp-transition

> W3C maintains a
> <loc rel="disclosure" href="http://www.w3.org/2002/08/xmlcore-IPR-statements">public
> list of any patent disclosures</loc>

Please use the IPP URI instead:
 http://www.w3.org/2004/01/pp-impl/18796/status

I have just updated IPP so that it knows about the above disclosure
page. So now if you visit
 http://www.w3.org/2004/01/pp-impl/18796/status

you will find there:
  "Note: This group has a page that may include prior disclosures and
   licensing statements for publications of this group before the  
   adoption of the W3C Patent Policy."

which links to the old statements.

Please update the old disclosure page to:

 a) Point to the new IPP disclosure page
 b) Indicate that disclosure procedures are now described
    in IPP.
 c) Mark the old disclosure information as Historical.

In short, I suggest that the top of that document indicate that
this page is historical and to please visit the group's (new)
disclosure page. Delete everything else before "The QUestions"
and then change that to "Historical" with an explanation that
the information that follows pertained to the group's deliverables
before such and such a date.

> made in connection with the deliverables of
> the group; that page also includes instructions for disclosing a patent.
> An individual who has actual knowledge of a patent which the individual
> believes contains
> <loc href="http://www.w3.org/TR/2002/NOTE-patent-practice-20020124#def-Essential-Claims">

Please use instead:
  http://www.w3.org/Consortium/Patent-Policy-20040205/#def-essential

> Essential Claim(s)</loc>
> must disclose the information in accordance with
> <loc href="http://www.w3.org/TR/2002/NOTE-patent-practice-20020124#sec-Disclosure">

Please use instead:
  http://www.w3.org/Consortium/Patent-Policy-20040205/#sec-Disclosure

> section 3 of the W3C Patent Policy</loc>.

[Section 6]

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