[cabfpub] Question on form of Review Notices

Virginia Fournier vfournier at apple.com
Thu Mar 23 10:38:05 MST 2017


Privileged and Confidential

Hi Kirk and Ryan,

You could include both the clean and redlined version in the Review Notice.  This would make it easier for the reviewers to see the changes being proposed.  There’s nothing that prohibits this.

Section 2.3 of the Bylaws sets forth the specific process for Draft Guidelines.  

There is no reason to process one ballot at a time, especially if they are amending different sections of the guidelines.  We discussed this at length, and this is built into the process.

Please let me know if you have additional questions.



Best regards,

Virginia Fournier
Senior Standards Counsel
 Apple Inc.
☏ 669-227-9595
✉︎ vmf at apple.com <mailto:vmf at apple.com>

On Mar 23, 2017, at 8:49 AM, Ryan Sleevi <sleevi at google.com> wrote:

Hi Kirk,

This was a subject of great discussion during the proposed adoption of the bylaws ballot on this point. This was a significant concern for Google, and why we had concerns with the proposed approach.

I don't want to misrepresent Virginia's interpretation, but my (perhaps incomplete) understanding was that the process is as follows:
- Ballots are circulated in "draft" form (e.g. do not require a full and complete document)
- Ballots are adopted in said form
- Once a Ballot has completed voting, it is integrated into the full document
- The full document is then circulated for review

Our adopted bylaws approach allows for every ballot to be sequentially voted on and completed, so there's always a 'canonical' document of truth, and changes are incorporated in that order.

If two ballots are adopted at an identical time, then it's suitable to circulate a single full document that serves as the Notice of Review Period for both ballots.

Virginia,

Did I get that correct? I seem to recall an alternative suggestion that the circulation is equivalent to what was presented in the ballot (e.g. partial document, not full document), but I cannot recall if you support or oppose that.


On Thu, Mar 23, 2017 at 11:30 AM, Kirk Hall via Public <public at cabforum.org <mailto:public at cabforum.org>> wrote:
We are starting to send more Review Notices now after completion of Ballots.  The relevant provisions of our IPR Agreement are shown below. 

 

Here is my question – what form of the successful Ballot should I include in the Review Notice?  Should I attach (1) the final language of the Ballot AS AMENDED, or (2) the language of the Ballot in the “show changes” mode (the way it was in the original ballot).  IPR Agreement 4.1 says the Review Notice must include “a complete draft of the Draft Guideline that is the subject of such notice” – is that the language as adopted, versus the new language in “show changes” mode.

 

I just sent out the Review Notice for Ballot 193 and it included the new language in “show changes” mode?

 

IPR Agreement 4.1

Review of Draft Specifications.

Prior to the approval of a CAB Forum Draft Guideline as a CAB Forum Final Guideline or Final Maintenance Guideline there shall be a review period during which Participants may exclude certain Essential Claims from CAB Forum RF Licenses. The CAB Forum Chair shall initiate the Review Period by distributing to each CAB Forum Participant a notice of review period and a complete draft of the Draft Guideline that is the subject of such notice (“Review Notice”). Each Participant on behalf of itself and its Affiliates shall have sixty (60) days following the date of the receipt of such Review Notice (“Review Period”) to review such Draft Guideline and consider any licensing obligations with respect to any Essential Claims that may be encompassed by such Draft Guideline. The approval of a CAB Forum Final Maintenance Guideline shall follow the same process except that the Review Period shall be thirty (30) days.

 

d. “Draft Guideline” means a version of a CAB Forum guideline that has not been approved as a Final Guideline or Final Maintenance Guideline, regardless of whether or not the Draft Guideline has been published.

 

Our revised Bylaws say the following:

 

Bylaw 2.3 Requirements for Draft Guideline Ballots

(a) A Draft Guideline Ballot will clearly indicate whether it is proposing a Final Guideline or a Final Maintenance Guideline. If the Draft Guideline Ballot is proposing a Final Guideline, such

ballot will include the full text of the Draft Guideline intended to become a Final Guideline. If the Draft Guideline Ballot is proposing a Final Maintenance Guideline, such ballot will include a

redline or comparison showing the set of changes from the Final Guideline section(s) intended to become a Final Maintenance Guideline, and need not include a copy of the full set of guidelines. ***

 

(e) If a Draft Guideline Ballot passes the Initial Vote, the Chair shall initiate, no later than the 3rd business day after the announcement of the Initial Vote results, the Review Period of 30 or 60 days, as applicable and as described in Section 4.1 of the IPR Policy. The Chair will initiate the Review Period by sending the Review Notice to both the Member Mail List and the Public Mail List. The Review Notice will clearly specify the open and close dates and times (with time zone) of the Review Period.


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