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From "Mark A. Carlson" <Mark.Carl...@Sun.COM>
Subject Re: Incubator Proposal: SPL
Date Mon, 17 Sep 2007 17:30:45 GMT
The DMTF patent policy is here:

http://www.dmtf.org/about/policies/patent-10-18-01.pdf

The DMTF does not have any IP in any of its specs and
unless DMTF is explicitly notified of such, neither do any of
the members.

-- mark

Craig L Russell wrote:
> Hi David,
>
> Thanks for the clarifications.
>
> On Sep 17, 2007, at 5:57 AM, David L Kaminsky wrote:
>
>> On the standard itself, not surprisingly, the DMTF encourages
>> implementations, and at submission, the DMTF requires this text:
>>
>> "Permission to copy, display, perform, modify and distribute the
>> specification, and to authorize others to do the foregoing, in any 
>> medium
>> without fee or royalty is hereby granted for the purpose of 
>> developing and
>> evaluating the Specification.
>
> But the intended use here is not "developing and evaluating" the 
> Specification, but implementing it. Is there a grant of license for 
> implementations?
>
>> The Specification may be published as one or
>> more separate documents including for example as ASCII formats, 
>> schema or
>> metadata files rather than solely as a single document.
>>
>> "Co-Developers agree to grant a license to third parties, under
>> royalty-free and otherwise reasonable, non-discriminatory terms and
>> conditions, to their respective Essential Patent Rights (as that term is
>> defined in the DMTF Patent and Technology Policy) that are necessary to
>> implement the Specification in accordance with the DMTF Patent and
>> Technology Policy."
>
> This required grant of patent rights is a good indicator that 
> implementing the Specification doesn't get Apache into potential 
> trouble, but I'd still like to see an explicit statement regarding the 
> rights of independent implementations to use the IP contained in the 
> Specification itself.
>
> Regards,
>
> Craig
>
> Craig Russell
> DB PMC, OpenJPA PMC
> clr@apache.org http://db.apache.org/jdo
>
>

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