[Ficore-legal] Ficore CA - confidentiality section

Galit Leider GALITL at il.ibm.com
Wed Sep 17 14:36:08 CEST 2014


Dear all, 

I would like to clarify that IBM position is that in this specific project 
we indeed should specify that no confidential information will be 
disclosed during the project.

I'm not sure if everybody is aware that  the GE's from Fi-Ware are all 
released to open source, and as FI-CORE is updating and building on the 
FI-WARE GE's,  all the deliverables in FI-CORE will too be open source, or 
in other words open to the public and not confidential. 

Additionally, there is a requirement to create an "Open" foundation. 
Finally, we experienced in FI- Ware, that there was no disclosure of any 
confidential information. 

All these elements lead to the obvious conclusion that there will be no 
confidential information in FI-CORE, and, to our opinion,  this should be 
spelled out in the CA. 

Best regards,

Galit Leider (LL.B ,MBA)
Senior  Contracts Professional 
Contracts Team Leader
IBM Haifa Research Lab
Tel: +972-4-8281300, mobile: +972-54-6976300
email: galitl at il.ibm.com

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From:   Anne De Moor <anne.demoor at eitictlabs.eu>
To:     "ficore-legal at lists.fi-ware.org" <ficore-legal at lists.fi-ware.org>, 

Cc:     Fabio Pianesi <fabio.pianesi at eitictlabs.eu>, 
"susanna.avessta at gmail.com" <susanna.avessta at gmail.com>
Date:   16/09/2014 02:34 PM
Subject:        [Ficore-legal] EIT ICT Labs comments on consortium 
agreement
Sent by:        ficore-legal-bounces at lists.fi-ware.org



Dear all,


Please find herewith the comments from the side of EIT ICT Labs on the 
proposed consortium agreement for FI-CORE. We were not able to provide our 
comments earlier.

Section 3.1.1.4 : EIT ICT Labs agrees with the comments formulated by IBM. 
We support the position that it should be up to the Board to decide 
whether or not a Partner has failed to meet its delivery milestone.
Section 3.2.2.7 and 3.3.2.5 - veto rights : EIT ICT Labs agrees with the 
comments formulated by  IBM in the sense that veto rights are an important 
mechanism to protect the partners interest.
Section 3.2.2.2:  EIT ICT Labs agrees with the comments from ATOS : a 
point that is not on the agenda can only be added if all members are 
present or represented and agree. 
Section 4.3.1:  EIT ICT Labs agrees with the comments from Atos : in most 
of the consortium agreements there is a confidentiality clause inserted 
into the text of the proposal. Having to conclude separate NDA?s is indeed 
burdensome, the consortium agreement should be completed with a section on 
confidentiality.

We see that in the consortium agreement reference is made to the 
Collaboration Agreement : we would like to know what the status is of this 
Collaboration Agreement. This is an important point.

Please find in attachment the text of the consortium agreement with some 
additional remarks from our side.

Kind regards
anne de moor
legal counsel


________________________________________
Van: ficore-legal-bounces at lists.fi-ware.org 
<ficore-legal-bounces at lists.fi-ware.org> namens 
ficore-legal-request at lists.fi-ware.org 
<ficore-legal-request at lists.fi-ware.org>
Verzonden: maandag 15 september 2014 15:24
Aan: Anne De Moor
Onderwerp: Welcome to the "Ficore-legal" mailing list

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