<div dir="ltr"><div>Hi all,</div><div><br></div>I'm a relative newcomer to the Forum, and the operator of neither a browser nor a CA, but I'll try to contribute something anyway. If it's not useful, I'll understand.<br clear="all"><div><br></div><div>Looking at just what's been shared on the public list, it appears that the Forum is in an existential crisis, and lacks a shared agreement on what its Bylaws say, and the resulting legal strength of current IPR guarantees around its ballots and work product.</div><div><br></div><div>The subject matter is more complicated and legalistic than usual, and interpersonal tensions seem to be running higher than usual, which is combining to make it very difficult to understand the different perspectives people have and for this to remain a merit-based discussion.</div><div><br></div><div>Gerv's done a great job tracking the pros/cons of the differing interpretations of the current bylaws, but it's seeming increasingly likely that neither side is going to be persuaded to accept the other's point of view. At that point, it doesn't matter who's right -- the Bylaws and IPR policy are a failure if the group can't agree on what they mean.</div><div><br></div><div>It also seems very likely that if the current trajectory continues, the Forum could just dissolve, as one or more browsers leave over these disagreements. While perhaps another Forum might emerge, making the existing Forum work for its participants would likely result in a more stable and predictable outcome.<br></div><div><br></div><div>So, while acknowledging that I lack the complete historical context and professional vantage point to fully adjudicate every specific point each side makes, it still seems to me that a productive path forward would be to:</div><div><br></div><div>* Acknowledge that the existing Bylaws and IPR policy contain fatal ambiguities around IP review and balloting as it relates to published Guidelines.</div><div><br></div><div>* Proceed to drafting one or more ballots that would amend the Bylaws and/or IPR policy to resolve these ambiguities.</div><div><br></div><div>* While drafting these ballots, relevant parties should make a good-faith effort to distinguish between a policy they think is not good for the Forum, vs a policy that would make them unable to continue participating in the Forum.</div><div><br></div><div>* Take a straw poll of all members on the proposed ballot(s), and then decide which one to put to a formal vote. Hopefully, at least one of them is acceptable to the Forum.</div><div><br></div><div>While this won't make every core disagreement go away, it would at least remove disagreements over existing language, and focus the Forum on an acceptable (even if not ideal) IPR policy for all parties.</div><div><br></div><div>This means abandoning ballots 180-182. It seems to me like they're going to be abandoned one way or the other, so it would be better to abandon them voluntarily and up front.</div><div><br></div><div>No matter what, I hope all parties to the Forum will strive to remain positive and collaborative under stress, and to seek sustainable consensus over ephemeral victory.</div><div><br></div><div>-- Eric</div><div><br></div>-- <br><div class="gmail_signature"><div dir="ltr"><div><div dir="ltr"><div><div dir="ltr"><div><a href="https://konklone.com" target="_blank">konklone.com</a> | <a href="https://twitter.com/konklone" target="_blank">@konklone</a><br></div></div></div></div></div></div></div>
</div>