Paris action Item followup on suggested ITTF permission notices for use of schemas and similar technical resources

[Dave Welsh]

Hi Rick -

I don't think we missed the changed versions topic you identified, but it was addressed in a different way. But first before getting to your point, it would be good to recognize the JTC 1 Plenary resolution is asking Technical Committee's (SC's) to form a legal proposal, perhaps a subject or activity more in the domain of qualified Legal Counsel.

The essential question is one about derivative works, in the legal sense of the concept of derivative works. Under normal ISO copyright rules applicable to standards no derivative works are permitted. An ISO standard may (or not) have a Schema and with the Schema, it may be necessary to create derivative works (for example, maybe the implementer only wishes to implement a portion of the Schema or maybe the implementer wishes to merge the Schema with other Schema or maybe the implementer would need to make slight modifications to the Schema in order to implement in its software). Therefore, our proposal allows implementers to create derivative works as long as the derivative work doesn't break compliance with the standard. So, the only matter of legal significance in our proposal is compliance with the standard and not whether the version of the Schema is changed.

Thanks
Dave

-----Original Message-----
From: Rick Jelliffe [mailto:rjelliffe at allette.com.au] 
Sent: Thursday, December 17, 2009 9:18 PM
To: Dave Welsh
Cc: SC 34 WG4
Subject: Re: Paris action Item followup on suggested ITTF permission notices for use of schemas and similar technical resources


The notice that changed versions must be noted is also important, but missing from Dave's suggested version. Is it the legal expert's opinion that it would have no legal force?

Cheers
Rick Jelliffe