[cabfpub] Voting Begins: Ballot 206: Amendment to IPR Policy & Bylaws re Working Group Formation

Sun Apr 1 20:55:03 UTC 2018

Google votes YES on Ballot 206.

On Fri, Mar 30, 2018 at 9:30 AM Wayne Thayer via Public <public at cabforum.org>
wrote:

> Mozilla votes YES on ballot 206.
>
> On Tue, Mar 27, 2018 at 8:20 PM, Virginia Fournier via Public <
> public at cabforum.org> wrote:
>
>>
>> Ballot 206: Amendment to IPR Policy & Bylaws re Working Group Formation
>>
>> Purpose of Ballot:  This ballot is the result of the work done by the
>> CA/Browser Forum (the “Forum”) Governance
>> Reform Working Group.
>>
>> The following motion has been proposed by Virginia Fournier of Apple and
>> endorsed by Tim Hollebeek of Digicert and Jos Purvis of Cisco to amend the CA/Browser
>> Forum Intellectual Property Rights Policy (“IPR Policy”) and Bylaws of the
>> CA/Browser Forum (the “Bylaws”) regarding the formation of working groups:
>>
>> -- MOTION BEGINS –
>>
>> 1. Amendment to IPR Policy. The IPR Policy is hereby amended to read in
>> its entirety as set
>> forth on Exhibit A hereto (IPR Policy version 1.3, effective [date],
>> 2018). In summary, the
>> primary purpose of the amendment to the IPR Policy is to clarify that
>> patent licensing
>> obligations will be based on working group participation rather than
>> Forum membership.
>>
>> 2. Amendment to Bylaws. The Bylaws are hereby amended to read in their
>> entirety as set
>> forth on Exhibit B hereto (Bylaws version 1.9, effective [date], 2018).
>> In summary, the purpose
>> of the amendment to the Bylaws is to:
>>
>>    - Set forth the processes required to set up and operate new Forum
>>    working groups (each, a “Chartered Working Group” or “CWG”).
>>
>>
>>    - Clarify that a CWG can create its own subcommittees without full
>>    Forum approval and according to the CWG’s own approval process.
>>
>>
>>    - Make clarifications regarding the handling of faulty ballot votes.
>>    - Clarify the applicable process when there’s discrepancy between
>>    proposed Guideline language in a ballot and language set forth in a
>>    redline version attached to the ballot.
>>    - Specify how to finalize minutes if there is no Forum meeting or
>>    teleconference within 3 weeks after publication of the draft minutes.
>>    - Clarify the meanings of the terms “Forum Meetings” and “Forum
>>    Teleconferences."
>>    - Approve the charter for the Server Certificate Working Group, which
>>    will become the first Chartered Working Group (CWG).
>>    - Allow already-existing working groups (“Legacy Working Groups” or
>>    “LWG”) to continue operating under the old rules for up to 6 months,
>>    and then transition to a Chartered Working Group (CWG) with a new
>>    charter approved under Section 5.3 of the Bylaws to continue thereafter;
>>    also clearly differentiate between Legacy Working Groups and Chartered Working
>>    Groups.
>>    - Correct the term used to define a CAB Forum member as a “Member”
>>    rather than using various other terms to refer to the same thing
>>    throughout the document.
>>    - Correct non-substantive typos.
>>
>>
>> 3. Approval of Charter for Server Certificate Working Group. Pursuant to
>> Section 5.3.1 (Formation of Working Groups) of the amended Bylaws, the
>> charter for the Server Certificate Working Group attached hereto as
>> Exhibit C is hereby approved.
>>
>> 4. Applicability of Amendments. The amendments to the IPR Policy and the
>> Bylaws described in this ballot shall become effective 90 days after the
>> date on which the vote for approval is final, and shall not apply
>> retroactively. Any Draft Guideline Ballots already in the Review Period
>> when such amendments go into effect shall comply with the versions of the
>> IPR Policy and the Bylaws in effect when such Review Period began.
>>
>> -- MOTION ENDS –
>>
>> The procedure for approval of this ballot is as follows:
>>
>> BALLOT 206
>> Formal discussion period:  (7 days)
>> Start time:   20 March 2018 2:38 PM PDT (20 Mar 2018 21:38 UTC)
>> End Time:  27 March 2018 8:00 PM PDT   (28 Mar 2018 3:00 AM UTC)
>>
>> Vote for approval (7 days)
>> Start time: 27 March 2018 8:30 PM PDT (28 March 2018 3:30 AM UTC)
>> End time:  3 April 2018 8:30 PM PDT (4 April 2018 3:30 AM)
>>
>> Votes must be cast by posting an on-list reply to this thread on the
>> Public Mail List.
>> A vote in favor of the ballot must indicate a clear 'yes' in the
>> response. A vote against must
>> indicate a clear 'no' in the response. A vote to abstain must indicate a
>> clear 'abstain' in the
>> response. Unclear responses will not be counted. The latest vote received
>> from any
>> representative of a voting Member before the close of the voting period
>> will be counted. Voting
>> Members are listed here: https://cabforum.org/members/
>>
>> In order for the ballot to be adopted, two thirds or more of the votes
>> cast by Members in the CA
>> category and greater than 50% of the votes cast by members in the browser
>> category must be
>> in favor, and there must be a quorum.
>>
>> Pursuant to Section 2.3(d) of the Bylaws, each Member, and not the Forum,
>> will be responsible for taking precautions to make sure such Member’s
>> vote is submitted properly and counted. In the event that a Member’s
>> vote on a ballot is not submitted properly, such vote shall not be valid
>> and shall not be counted, and there shall be no appeal, revote (except
>> in the case of a new ballot submitted to all Members) or other recourse.
>>
>>
>>
>>
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>>
>>
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