[cabfpub] Ballot process ordering

[Ryan Sleevi]

On Wed, Nov 2, 2016 at 8:45 AM, Kirk Hall via Public <public at cabforum.org>
wrote:

> So under Position 2, how do we ever get to Approval - which (under the IPR
> Policy) can only come AFTER the Review Period is over.  Something is
> missing from the Position 2 process?
>
> Can someone who supports Position 2 tell us how they think a Draft
> Guideline ever gets to Approval under our current Bylaws and IPR Policy?
>
> Hi Kirk,

Please see the relevant quoted sections of the IPR Policy in
https://cabforum.org/pipermail/public/2016-November/008733.html to
understand how that works. Most notably, please see what the IPR says
regarding PAG formation - the position advanced for Position 1 is not
literally supported by the existing text.

As such, we can conclude that a DG is Approved when it completes both a
Ballot and an Exclusion Period - but that the formation of a PAG *does
not* block
the approval of the document.

That is, if an Essential Claim - something which only applies to FG/FMGs -
is disclosed during the Review Period, the document is still "approved" at
the completion of the review period (as per Section 4.1) - and the PAG
convenes to determine what actions to take on the FG/FMG - as specified in
the IPR policy (Section 7.1)

The extent for which I can find support for Position 1 is in the
description of process in Section 2 of the IPR policy "CAB Forum will
ordinarily not approve a Guideline if it is aware that Essential Claims
exist which are not available on RF terms." - but the IPR policy does not
provide any further mechanisms or guidance as to how that statement can be
supported.
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