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