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Fwd: Sun IPR statement on XPointer

From: Eve L. Maler <eve.maler@east.sun.com>
Date: Fri, 27 Apr 2001 15:58:27 -0400
Message-Id: <>
To: www-xml-linking-comments@w3.org
Oops, forgot to send this to this list as well.


>Date: Tue, 24 Apr 2001 18:06:01 -0400
>To: patent-issues@w3.org
>From: "Eve L. Maler" <eve.maler@east.sun.com>
>Cc: w3c-xml-linking-ig@w3.org, eve.maler@east.sun.com,
>         carl.cargill@eng.sun.com, marc.foodman@east.sun.com
>Subject: Sun IPR statement on XPointer
>Please find below Sun's new IPR statement on XPointer, which supersedes 
>the terms and conditions published earlier[1].  It's our understanding 
>that this statement is compatible with the draft Patent Policy 
>framework.  If you have questions, please don't hesitate to get in touch 
>with me.
>         Eve
>         Sun AC rep
>[1] http://lists.w3.org/Archives/Member/patent-issues/2000OctDec/0004.html
>                         *               *               *
>This policy shall apply only to Sun's Essential Patent Claims (as defined
>below) that read on the XML Pointer Language specification ("XPointer").
>This undertaking is valid only as long as XPointer either is on the
>Recommendation track or has been adopted as a Recommendation.
>Sun Microsystems, Inc. ("Sun") agrees it will grant royalty-free licenses,
>under reasonable terms and conditions, and on a non-discriminatory basis,
>under Sun's essential patent claims to make, use, sell, offer for sale, or
>import implementations of XPointer. One precondition of any license granted
>to a party shall be the party's agreement to grant royalty-free licenses to
>Sun and other companies to make, use, sell, offer for sale, or import
>implementations of XPointer under the party's essential patent claims. Sun
>expressly reserves all other rights it may have.
>1. "Sun's Essential Patent Claims" means claims of a patent or patent
>application that would necessarily be infringed upon implementation of
>XPointer and that are owned or controlled by Sun at any time while XPointer
>is on the Recommendation track or after XPointer has been adopted as a
>Recommendation.  A claim is necessarily infringed hereunder only when it is
>not possible to avoid infringing it because there is no commercially
>plausible non-infringing alternative for implementing XPointer, including
>the protocols, application program interfaces, service provider interfaces,
>and/or data structures disclosed with particularity in XPointer in order to
>enable products to interoperate, interconnect or communicate as defined
>within XPointer.
>2. Notwithstanding the foregoing, Sun's Essential Patent Claims shall not
>include any claims other than as set forth above even if contained in the
>same patent as essential claims; or that read solely on any implementations
>of any portion of XPointer that are not required by XPointer, or that, if
>licensed, would require a payment of royalties by the licensor to
>unaffiliated third parties. Moreover, essential patent claims shall not
>include (i) any enabling technologies that may be necessary to make or use
>any product or portion thereof that complies with XPointer but are not
>themselves expressly set forth in XPointer (e.g., semiconductor
>manufacturing technology, compiler technology, object oriented technology,
>basic operating system technology, and the like); or (ii) the implementation
>of other published standards developed elsewhere and merely referred to in
>the body of XPointer, or (iii) any portions of any product and any
>combinations thereof the purpose or function of which is not required for
>compliance with XPointer. For purposes of this definition, XPointer shall be
>deemed to include only architectural and interconnection requirements and
>shall not include any implementation examples unless such implementation
>examples are expressly identified as being included as part of XPointer.

Eve Maler                                             +1 781 442 3190
Sun Microsystems XML Technology Development  eve.maler @ east.sun.com
Received on Friday, 27 April 2001 15:56:02 UTC

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