[cabfpub] Public Digest, Vol 57, Issue 19

Gervase Markham gerv at mozilla.org
Wed Jan 4 12:00:02 UTC 2017

On 04/01/17 02:32, Ryan Sleevi via Public wrote:
> I suppose a specific question: I have read the IPR Policy and Bylaws
> numerous times, but as I indicated to Kirk, I cannot find any text that
> supports this view: That it is possible for a Ballot to be suspended
> upon the formation of a PAG or unilaterally by the Chair. I realize both
> possibilities have been discussed for future improvements, but I do not
> believe our current process allows it.

I think that both documents don't specifically cover this situation,
which is unfortunate, and I agree with Ryan that therefore we must
assume that voting has opened on ballot 182 and will conclude on January
7th in the normal manner, and that if the ballot passes, the BR text
will be modified as the ballot requires.

This is clearly something which needs addressing when we clean up our
processes; in the mean time, it seems to me that the best thing is to
let ballot 182 die, either from lack of quorum or from being voted
against. This would be in line with the spirit of our IPR policy, which
states that "CAB Forum will ordinarily not approve a Guideline
if it is aware that Essential Claims exist which are not available on RF
terms", which is true for at least some of the claims raised during the
Review Period. Given that we are forming a PAG to address the issue,
that seems the best way forward.


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