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

[Innovimax SARL]

Dave,

I think this is a huge step backward from Alex proposal. We should be
conservative on the notion of derivative. It is the implementers
business to rework the schemas. But in this case, the implementers
should provide the original schemas with the ISO header if he wants
his users to reuse the GOOD version

Suppose someone has to rework the schemas for a perticular
implementation of a schema validator. Then it has the right to do so,
but it SHALL NOT have the right to redistribute this modification
under the ISO label

My position is to keep Alex proposal and wait for a better proposal if any

Regards,

Mohamed

On Sat, Dec 19, 2009 at 12:29 AM, Dave Welsh <Dave.Welsh at microsoft.com> wrote:
> 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
>
>



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