An outline proposal

[robert_weir at us.ibm.com]

And just so my point is clear, I think your paraphrase of the patent 
policy is askew to the plain meaning of the text.

For example, you said:

"Anyone *outside* the ISO process can inform the Study Group of patents or 
patents pending."

But the language of the Directives is:

"In addition to the above, any party not participating in Technical Bodies 
may draw the attention of the Organizations to any known Patent, either 
their own and/or of any third-party."

But "Organizations" is defined in this section as "ITU , ISO and IEC". 
This study group is a "Technical Body" in terms of the patent policy.  So 
the notification in fact goes to ISO, not to this Study Group.

You also said:

"We should sort this out as soon as possible and request that PKWARE 
submit a Declaration Form so we know where we stand."

But the Directives says this::

"Any communication drawing the attention to any third-party Patent should 
be addressed to the concerned Organization(s) in writing. The potential 
Patent Holder will then be requested by the relevant Organization(s) to 
submit a Declaration Form."
So again, the request comes from ISO, not from the Study Group. 

Of course, we really don't have any specification in front of us, so this 
discussion is premature.  Again Directives suggest that in the early 
stages disclosures may not be possible:

"In this context, the words “from the outset” imply that such information 
should be disclosed as early as possible during the development of the 
Recommendation | Deliverable. This might not be possible when the first 
draft text appears since at this time, the text might be still too vague 
or subject to subsequent major modifications. Moreover, that information 
should be provided in good faith and on a best effort basis, but there is 
no requirement for patent searches."

So not only don't we have a first draft yet, we don't even have a scope. 
So starting with a call for patent disclosures as a first item of business 
before the first meeting of a stage zero study activity seems wildly 
premature to me.  Maybe let's figure out what we want to do, first? 

Regards,

-Rob

sc34wg1study-bounces at vse.cz wrote on 10/19/2010 03:53:25 PM:


> sc34wg1study-bounces at vse.cz
> 
> "Horton, Gareth" <Gareth_Horton at datawatch.com> wrote on 10/19/2010 
> 03:00:49 PM:
> > 
> > We should sort this out as soon as possible and request that PKWARE 
> > submit a Declaration Form so we know where we stand.
> > 
> 
> Gareth, please show me exactly where it the Directives call on a WG to 
> request that a company submit a Declaration Form?
> 
> Regards,
> 
> -Rob
> 
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