[cabfpub] Revised Draft of IPR Policy and Resolution

Eddy Nigg (StartCom Ltd.) eddy_nigg at startcom.org
Fri Oct 26 11:53:35 UTC 2012


On 10/26/2012 09:46 AM, From Ben Wilson:
>
> Finally, at this point, I would like to get all potential issues 
> fleshed out.  As I said on the call, “speak now or forever hold your 
> peace,” but equally, as many have noted during the work on this IPR 
> Policy, it is unlikely that everyone will be 100% satisfied with this 
> IPR, so when you comment also indicate if you consider your particular 
> issue to be a true “deal killer.”
>

One of the concerns I have is the following scenario where company A 
participates in a working group and includes something that is allegedly 
patented by company B (knowingly and intentionally or not doesn't really 
matter). Then company B which hasn't participates sues the forum members 
after a year for infringement of their IPR.

This could even innocently happen that a member makes a contribution not 
knowing about a possible issue. As I understand it, the new IPR policy 
wouldn't protect the members from this as a non-participating party 
isn't bound to the agreement and isn't required to review the 
to-be-adopted guidelines for possible IPR infringement.

If this is the case, why do we need an IPR policy and agreement in first 
place?


Regards
Signer: 	Eddy Nigg, COO/CTO
	StartCom Ltd. <http://www.startcom.org>
XMPP: 	startcom at startcom.org <xmpp:startcom at startcom.org>
Blog: 	Join the Revolution! <http://blog.startcom.org>
Twitter: 	Follow Me <http://twitter.com/eddy_nigg>

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