From jhierro at tid.es Sat Apr 6 14:52:40 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Sat, 06 Apr 2013 14:52:40 +0200 Subject: [Fiware-ga] Fwd: RE: VERY IMPORTANT: amendment 4 of the FI-WARE DoW dealing with PMs reallocation In-Reply-To: <69AD1A9684E7184DADBE43806285BA9D06D9E445@S-DC-ESTF03-B.net1.cec.eu.int> References: <69AD1A9684E7184DADBE43806285BA9D06D9E445@S-DC-ESTF03-B.net1.cec.eu.int> Message-ID: <51601A98.4000408@tid.es> Dear all, For the avoidance of doubt, our PO has sent us the attached mail (with copy to the official mailbox of the project) indicating that he agrees with the PMs reallocation to be implemented in the next amendment of the DoW (amendment 4). Best regards, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 -------- Original Message -------- Subject: RE: VERY IMPORTANT: amendment 4 of the FI-WARE DoW dealing with PMs reallocation Date: Sat, 6 Apr 2013 12:38:51 +0000 From: To: CC: , , , Dear all, The re-allocation of PMs is fine to me. Best regards, Arian. From: Juanjo Hierro [mailto:jhierro at tid.es] Sent: Thursday, April 04, 2013 4:52 PM To: ZWEGERS Arian (CNECT) Cc: CNECT-ICT-285248; subsidies at tid.es; mcp at tid.es; jdps at tid.es Subject: Re: VERY IMPORTANT: amendment 4 of the FI-WARE DoW dealing with PMs reallocation Dear Arian, Could you clarify ? Thanks in advance, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 On 25/03/13 19:26, Arian.ZWEGERS at ec.europa.eu wrote: Dear Juanjo, The overview of changes presented is very well done and clear, and I don't have any issues with them, except for the points below. I don't care that much about shifting PMs and who gets what. Here the consortium has apparently bound itself to all kind of weird pre-existing agreements anyway, not using the flexibility offered by the grant agreement. Having said that, the thing to avoid is that industry withdraws and academia gets more funding. That is the trend here, with industry reducing its involvement with 640k and academia/research institutes increasing with 640k. I understand there is no choice because industry is not willing/able to do more, but it is against the spirit of the industry leadership in FI-WARE/FI-PPP. And frankly, it looks very bad on EU industry. Please note that I care more about changes in the DoW wrt tasks/activities to be carried out. Large changes in efforts without any change in the task description (e.g. the iMinds addition in WP3) cannot be correct. Then, what is most important is what happens with the contributions from the withdrawing partners, NSN-FI and EAB. What happens with Ericsson's Service Composition - Ericsson Composition Engine (ECE) What happens with Ericsson's Gateway Device Management GE - Ericsson IoT Gateway In a previous email (19 Nov 2012), you concluded (for the ECE): "So the problem here is not about sustainability beyond the FI-PPP (which Ericsson states would be provided) but inside the FI-PPP ..." Will they remain available to FI-WARE? Under what conditions? If nothing remains available, what does that mean for their contribution to FI-WARE? Will these be replaced? Same questions for NSN-FI. I understand they were in charge of the GE "Backend Device Management"?? And they contributed an asset called "Cumulocity". So same questions as above. Specific questions: 1) What does the underlined text mean in the sentence "Withdrawal of Ericsson from WP5. EAB has 20 PM in DoW and it has declared 3,34 PM until M18, so it transfers 16 PM to FRAUNHOFER because they have to assume Advanced Connectivity GEs with ETSI-M2M interface and will be involeved in the project at the beginning of April 2013!" 2) What does the following sentence mean? "TRDF-P finished at 31-12-2012. People moved to TRDF." TRDP is no longer a third party? Finally, are you going to ask an amendment for the Electronic-only signature and transmission of Form C (see attachment)? Best regards, Arian. PS. I am kind-of allergic to statements like your "No early response...", knowing that the only deadlines I'm bound to are the ones in the grant agreement? -----Original Message----- From: Juanjo Hierro [mailto:jhierro at tid.es] Sent: Friday, March 22, 2013 9:06 AM To: ZWEGERS Arian (CNECT) Cc: CNECT-ICT-285248; subsidies at tid.es; Miguel Carrillo; Javier de Pedro Sanchez Subject: VERY IMPORTANT: amendment 4 of the FI-WARE DoW dealing with PMs reallocation Dear Arian, Once we have finalized amendment 3 of our DoW, we should open a new amendment dealing with fixing all PMs reallocation that were pending (some of which pending since July last year). As already announced in our mail on January 20th this year, the situation is critical regarding some of these PMs reallocation, particularly dealing with the ability to handle withdrawal of several partners. All this PMs reallocation have been agreed among the partners at PCC (Project Coordination Committee), WPLs/WPAs and General Assembly level. We believe that is is critical to close this amendment 4 before end of April as to allow a reporting of costs for the 2nd period that is aligned with an approved DoW. Please find enclosed a spreadsheet which summarizes the changes already implemented in amendment 3 as well as changes proposed in amendment 4. Changes being proposed for amendment 4 are summarized in the sheet titled "Changes (amendment 4)". There is a final picture of PMs allocation to tasks for each WP as well as impact in figures (overall funding is kept the same). Consumption of allocated PMs have taken place since start of the 2nd reporting period and, in the case of partners withdrawing the consortium, since a decision was taken regarding what partner was going to take over their responsibilities. We will soon send you a draft of the DoW that will incorporate the changes summarized here. We will kindly ask you to send a response to this mail with your agreement to the proposed PMs reallocation in advance to approval of the DoW amendment itself which may take more time. That would give the existing partners, overall those taking the responsibility to take over the tasks from withdrawing partners, the necessary security to keep their investments they have been making so far. No early response will be taken as acknowledge and acceptance of this proposed PMs reallocation. We will rather appreciate your help in moving this forward. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: From jhierro at tid.es Tue Apr 16 07:22:24 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Tue, 16 Apr 2013 07:22:24 +0200 Subject: [Fiware-ga] Updated logos Message-ID: <516CE010.7090204@tid.es> Hi all, I would kindly ask you to update (or add) the logo of your organization at: http://forge.fi-ware.eu/plugins/mediawiki/wiki/fiware/index.php/Partners Thanks in advance, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: From axel.fasse at sap.com Wed Apr 17 10:27:27 2013 From: axel.fasse at sap.com (Fasse, Axel) Date: Wed, 17 Apr 2013 08:27:27 +0000 Subject: [Fiware-ga] Organizational Announcement Message-ID: Dear Juanjo, Markus Heller (markus.heller at sap.com) has joined the FI-WARE team now and he will take over my responsibilities in FI-WARE to coordinate SAP-activities in the project and to act as WP3 Lead from 22.04.2013 on. Could you please take care that Markus is added to the WPL/WPA mailing list since I do not have the privileges to do so. You can remove my name from the related mailing lists effective beginning of May, e.g. 01.05.2013. I'd like to thank all of you for the excellent collaboration, the interesting discussions and the great support over the past months and I would like to ask you all to welcome Markus in his new role in the FI-WARE project. Best regards, Axel --------------------------- Axel Fasse Senior Researcher SAP Next Business and Technology SAP AG | Vincenz-Priessnitz-Str. 1 | 76131 Karlsruhe, Germany T +49 6227 7-52528 M +4915153858917 E axel.fasse at sap.com www.sap.com Pflichtangaben/Mandatory Disclosure Statements: http://www.sap.com/company/legal/impressum.epx Diese E-Mail kann Betriebs- oder Gesch?ftsgeheimnisse oder sonstige vertrauliche Informationen enthalten. Sollten Sie diese E-Mail irrt?mlich erhalten haben, ist Ihnen eine Kenntnisnahme des Inhalts, eine Vervielf?ltigung oder Weitergabe der E-Mail ausdr?cklich untersagt. Bitte benachrichtigen Sie uns und vernichten Sie die empfangene E-Mail. Vielen Dank. This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. -------------- next part -------------- An HTML attachment was scrubbed... URL: From jhierro at tid.es Wed Apr 17 12:09:43 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Wed, 17 Apr 2013 12:09:43 +0200 Subject: [Fiware-ga] Announcement (confidential) of new FI-WARE benificiaries as a result of the third FI-WARE Open Call Message-ID: <516E74E7.90305@tid.es> Dear partners, First of all, let me point out that contents of this email should be handled confidentially. As many of you know, FI-WARE launched the 3rd Open Call targeted to design and implement an ambitious plan for the promotion and dissemination of FI-WARE (see http://www.fi-ware.eu/open-call/) I'm glad to say that the evaluation of proposals has finalized with the selection of a proposal submitted by a rather strong consortia formed by Futura Networks and Asociaci?n E3 Futura (organizers of the huge Campus Party event), Startup Weekend (who have developed a huge network of startups events around the world), OgilvyOne (one of the major Publicity and Marketing companies in the World and Europe), NLnet (who helped introduce internet in Europe and holds a high quality network of involved innovators and active developers) and the Chambers of Spain offering their to SME networks in Latin America and the EU. Please find attached the corresponding Evaluation Summary Report. Following open call procedures, the evaluation has been carried out by independent evaluators. Also following Open Call procedures, we have now to ask you if you have any objection to the incorporation of any of the mentioned companies/organizations as new beneficiaries in FI-WARE. Note that we are not asking your opinion about the result of the evaluation itself. That has been carried out by the independent evaluators. We are just asking you whether you have any objection regarding any of the selected beneficiaries. Deadline for raising objections is this Friday EOB. If you are interested in getting a private copy of the proposal, please let me know. We will distribute it to the whole consortia as soon as we officially communicate the final result and call the selected beneficiaries for negotiations (next Monday). In the meantime, we want to have distribution of the proposal under control. Best regards, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: Consensus Evaluation Form - EDE_final.xlsx Type: application/vnd.openxmlformats-officedocument.spreadsheetml.sheet Size: 14018 bytes Desc: not available URL: From thierry.nagellen at orange.com Fri Apr 19 15:02:41 2013 From: thierry.nagellen at orange.com (thierry.nagellen at orange.com) Date: Fri, 19 Apr 2013 13:02:41 +0000 Subject: [Fiware-ga] [Fiware-pcc] Announcement (confidential) of new FI-WARE benificiaries as a result of the third FI-WARE Open Call In-Reply-To: <516E74E7.90305@tid.es> References: <516E74E7.90305@tid.es> Message-ID: <31620_1366376562_51714072_31620_1904_1_976A65C5A08ADF49B9A8523F7F81925C0DD995@PEXCVZYM13.corporate.adroot.infra.ftgroup> Dear all, Orange has no specific concern with these new partners, so we agree to involve them in Fi-Ware. BR Thierry Nagellen Program Manager Future Internet Orange Labs Networks & Carriers 905 rue Albert Einstein 06921 Sophia Antipolis Cedex +33 492 94 52 84 +33 679 85 08 44 De : fiware-pcc-bounces at lists.fi-ware.eu [mailto:fiware-pcc-bounces at lists.fi-ware.eu] De la part de Juanjo Hierro Envoy? : mercredi 17 avril 2013 12:10 ? : fiware-ga at lists.fi-ware.eu Cc : fiware-wpa at lists.fi-ware.eu; fiware-wpl at lists.fi-ware.eu; fiware-pcc at lists.fi-ware.eu Objet : [Fiware-pcc] Announcement (confidential) of new FI-WARE benificiaries as a result of the third FI-WARE Open Call Dear partners, First of all, let me point out that contents of this email should be handled confidentially. As many of you know, FI-WARE launched the 3rd Open Call targeted to design and implement an ambitious plan for the promotion and dissemination of FI-WARE (see http://www.fi-ware.eu/open-call/) I'm glad to say that the evaluation of proposals has finalized with the selection of a proposal submitted by a rather strong consortia formed by Futura Networks and Asociaci?n E3 Futura (organizers of the huge Campus Party event), Startup Weekend (who have developed a huge network of startups events around the world), OgilvyOne (one of the major Publicity and Marketing companies in the World and Europe), NLnet (who helped introduce internet in Europe and holds a high quality network of involved innovators and active developers) and the Chambers of Spain offering their to SME networks in Latin America and the EU. Please find attached the corresponding Evaluation Summary Report. Following open call procedures, the evaluation has been carried out by independent evaluators. Also following Open Call procedures, we have now to ask you if you have any objection to the incorporation of any of the mentioned companies/organizations as new beneficiaries in FI-WARE. Note that we are not asking your opinion about the result of the evaluation itself. That has been carried out by the independent evaluators. We are just asking you whether you have any objection regarding any of the selected beneficiaries. Deadline for raising objections is this Friday EOB. If you are interested in getting a private copy of the proposal, please let me know. We will distribute it to the whole consortia as soon as we officially communicate the final result and call the selected beneficiaries for negotiations (next Monday). In the meantime, we want to have distribution of the proposal under control. Best regards, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx _________________________________________________________________________________________________________________________ Ce message et ses pieces jointes peuvent contenir des informations confidentielles ou privilegiees et ne doivent donc pas etre diffuses, exploites ou copies sans autorisation. Si vous avez recu ce message par erreur, veuillez le signaler a l'expediteur et le detruire ainsi que les pieces jointes. Les messages electroniques etant susceptibles d'alteration, France Telecom - Orange decline toute responsabilite si ce message a ete altere, deforme ou falsifie. Merci. This message and its attachments may contain confidential or privileged information that may be protected by law; they should not be distributed, used or copied without authorisation. If you have received this email in error, please notify the sender and delete this message and its attachments. As emails may be altered, France Telecom - Orange is not liable for messages that have been modified, changed or falsified. Thank you. -------------- next part -------------- An HTML attachment was scrubbed... URL: From jhierro at tid.es Mon Apr 22 20:59:06 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Mon, 22 Apr 2013 20:59:06 +0200 Subject: [Fiware-ga] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Message-ID: <5175887A.5000700@tid.es> Dear FI-WARE partners, I have to inform you that SAP has decided to issue a veto on the current amendment 4 currently under negotiation with the EC until a question on IPR management is solved. We committed to handle this issue raised during development of amendment 5 of the DoW which was going to be opened right after the current amendment is closed and we rather expect to finalize before end of May simply because there were elements there we know the EC consider of a rather high priority: incorporation of the new governance model and inclusion of additional beneficiaries from the 2nd Open Call and, more relevant for the EC, the 3rd Open Call. However SAP didn't want to rely on this compromise based on experience of the time consumed in previous amendments and decided to go for this veto, exploiting their right to issue it. I honestly believe we shouldn't spend too much time discussing whether this was a fair approach or not. This mail is then to cast your vote on the solution to handle the issue raised by SAP to be incorporated in amendment 4. In this mail, I will elaborate on: 1. The issue itself 2. The alternative solutions proposed by SAP and Telefonica 3. The process we will follow to make a decision and communicate it to the EC 1. The issue itself The issue is derived from a contradiction that has been detected by SAP on different places of the Grant Agreement (the contract). On one hand, the B.3.2.4 section on IPR included in the FI-WARE DoW (formally referred as Annex I of the Grant Agreement) states the following: [cid:part1.08040204.00010208 at tid.es] This paragraph was based on what we already stated in our proposal and was also requested by the EC. It was also aligned with clauses related to access rights to FI-WARE GE specifications and implementations in the FI-PPP Collaboration Agreement. However, special clause 41 in article 7 of the Grant Agreement states the following which apparently contradicts what was said in section B.3.2.4 of the DoW: [cid:part2.05040003.02040500 at tid.es] (for your knowlege, complementary beneficiaries refer to beneficiaries of other other projects different than FI-WARE in the FI-PPP). Besides this, there is article of the Grant Agreement that elaborates on what interpretation should prevail in case of conflicts between different parts of the Grant Agreement: [cid:part3.02060001.06070304 at tid.es] That would mean that what was stated in special clause 41 in article 7 would take precedence over what was stated in section B.3.2.4 of the DoW. It seems like it would be worth fixing this contradictions in an amendment of the DoW. 2. The alternative solutions proposed by SAP and Telefonica 2.1 Solution proposed by SAP The solution proposed by SAP is simple: drop the conflicting paragraph on section B.3.2.4. Consequently, users of FI-WARE in the context of the FI-PPP could be charged for the background that is integrated as part of a FI-WARE GE implementation or will be required for its execution. 2.2. Solution proposed by Telefonica Telefonica strongly believe that it has been stated multiple times, as basic principle of the program, that users of FI-WARE in the context of FI-PPP activities cannot be charged for any background or foreground that becomes part of a FI-WARE GE implementation. It can also confirm that the European Commission has stated multiple times that this was a requirement for the program. Therefore, it will never be accepted by the EC. Our proposal is also simple: * Fix special clause 41 so that it reads as follows (changes marked in red): Complementary beneficiaries enjoy the rights and bear the obligations of beneficiaries with regard to Articles II.32, II.33 and II.34 of Annex II {Access Rights}. However, for complementary beneficiaries, these rights and obligations are limited to foreground and background associated only to FI-WARE GE implementations developed in FI-WARE the project. Therefore, they do not extend to background that is not part of FI-WARE GE implementations or required for them to run. Complementary beneficiaries are not members of the consortium for the purpose of this grant agreement * Clarify paragraph in section B.3.2.4 of the DoW for the avoidance of doubt: Access Rights to Foreground and Background associated to FI-WARE GE implementations needed for the execution of the FI-PPP projects and users who carry out experiments in the FI-WARE Open Innovation Lab as long as the FI-WARE project lasts, shall be deemed granted on a Royalty-Free basis. Other than in exceptional circumstances and only for Background specifically identified, no costs shall be charged for granting such Access Rights. The FI-WARE beneficiaries will not charge any such costs to the project. 3. The process we will follow to make a decision and communicate it to the EC Given the fact that the two positions on the matter are irreconcilable, we should go for a voting. In this respect, partners will be asked to: * vote yes, no or abstain to each of the proposals * clarify whether they would issue a veto to a proposal if it happens to be endorsed by the majority of the partners For this purpose, the following doodle will be used. http://www.doodle.com/8r4rt8wnur5a7wh7 Those who wish to keep their vote visible in doodle please send your vote to me (or in response to recipients of this mail). We will list their vote in the doodle as "partner X" (X being a number). Voting will close this Friday at 12:00. Please don't forget to cast your vote. We will circulate an spreadsheet with the gathered votes by email on Friday afternoon and will close the doodle. Just to avoid any issue, we will give a period until Monday 12:00 to raise an issue if you believe that your vote was not properly recorded. Once we gather all the votes, we will apply voting accounting rules as stated in the FI-WARE Consortium Agreement, meaning that each Party shall have a number of votes equal to the percentage that its Project Share bears to the total of all the Project Shares of the Parties. Then we will announce the results to the consortia. Finally, based on the results of the process described above: * We will communicate to the EC the proposed changes in the Grant Agreement and require them to be part of amendment 4 * We will inform the EC about the partners (if any) who plan to veto amendment 4 because of the proposed changes If you have any questions regarding any of the points above, don't hesitate to ask. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... 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Name: djdjdhbb.png Type: image/png Size: 55743 bytes Desc: not available URL: From markus.heller at sap.com Thu Apr 25 12:35:11 2013 From: markus.heller at sap.com (Heller, Markus) Date: Thu, 25 Apr 2013 10:35:11 +0000 Subject: [Fiware-ga] [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 In-Reply-To: <5175887A.5000700@tid.es> References: <5175887A.5000700@tid.es> Message-ID: <393554EDCF801348BC53C7813C6CB73B06A2D4@DEWDFEMB14A.global.corp.sap> Dear all, We would like to add to Juanjo's remarks the following in order to clarify some misunderstanding that may have arisen: SAP's suggestion to delete the entire Section about Access Rights to Foreground and Background to FI PPP Partners does not contradict the 'spirit' of the FI PPP because the Access to Background is regulated in the Collaboration Agreement in the perfect differentiation for the specific needs of the technological FI PPP Platform Fi-Ware and the FI PPP Use Cases. The regulations in the Collaboration Agreement has finer regulations in order to fit the needs of the Use Cases and the special needs of Fi-Ware as Technology Platform. The regulations are as such: For Complementary Background, which is Background from another FI PPP Project, the Access is subject to another Agreement and upon discretion of the Background IP owner. Exception to this general rule is Background included in the so-called Fi-Ware Generic Enabler. This Background is accessible for FI PPP Partners upon royalty-free terms. Please see the exact wording of the Collaboration Agreement here: 4.2.3.4 Access Rights to Generic Enablers and Generic Enabler Specifications Notwithstanding the Sections 4.2.3.1 to 4.2.3.3 above, - Access Rights to Complementary Foreground and Complementary Background included in Generic Enabler Specifications for the execution of any Complementary Grant Agreement and for Use and - Access Rights to Complementary Background included in Generic Enablers which is Needed for the execution of the Complementary Grant Agreement are hereby requested in writing and are deemed granted on a royalty free basis to all Parties and by all Parties. We believe that this Section fits perfectly to the spirit of the FI PPP. Therefore, SAP believes, that we do not need any specific language in the DOW regarding the Access Rights. In parallel to the doodle polling according to the change procedures outlined in the mail below, we would like to share what is SAP's opinion on this matter. With best wishes, Markus Heller Dr. Markus Heller Senior Researcher SAP AG Vincenz-Priessnitz-Str. 1 76131 Karlsruhe / Germany T +49 6227 7-52673 Pflichtangaben/Mandatory Disclosure Statements: www.sap.com/corporate-en/impressum Diese E-Mail kann Betriebs- oder Gesch?ftsgeheimnisse oder sonstige vertrauliche Informationen enthalten. Sollten Sie diese E-Mail irrt?mlich erhalten haben, ist Ihnen eine Kenntnisnahme des Inhalts, eine Vervielf?ltigung oder Weitergabe der E-Mail ausdr?cklich untersagt. Bitte benachrichtigen Sie uns und vernichten Sie die empfangene E-Mail. Vielen Dank. This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. From: fiware-wpl-bounces at lists.fi-ware.eu [mailto:fiware-wpl-bounces at lists.fi-ware.eu] On Behalf Of Juanjo Hierro Sent: Montag, 22. April 2013 20:59 To: fiware-ga at lists.fi-ware.eu Cc: fiware-pcc at lists.fi-ware.eu; fiware-wpl at lists.fi-ware.eu; fiware-wpa at lists.fi-ware.eu Subject: [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Dear FI-WARE partners, I have to inform you that SAP has decided to issue a veto on the current amendment 4 currently under negotiation with the EC until a question on IPR management is solved. We committed to handle this issue raised during development of amendment 5 of the DoW which was going to be opened right after the current amendment is closed and we rather expect to finalize before end of May simply because there were elements there we know the EC consider of a rather high priority: incorporation of the new governance model and inclusion of additional beneficiaries from the 2nd Open Call and, more relevant for the EC, the 3rd Open Call. However SAP didn't want to rely on this compromise based on experience of the time consumed in previous amendments and decided to go for this veto, exploiting their right to issue it. I honestly believe we shouldn't spend too much time discussing whether this was a fair approach or not. This mail is then to cast your vote on the solution to handle the issue raised by SAP to be incorporated in amendment 4. In this mail, I will elaborate on: 1. The issue itself 2. The alternative solutions proposed by SAP and Telefonica 3. The process we will follow to make a decision and communicate it to the EC 1. The issue itself The issue is derived from a contradiction that has been detected by SAP on different places of the Grant Agreement (the contract). On one hand, the B.3.2.4 section on IPR included in the FI-WARE DoW (formally referred as Annex I of the Grant Agreement) states the following: [cid:part1.08040204.00010208 at tid.es] This paragraph was based on what we already stated in our proposal and was also requested by the EC. It was also aligned with clauses related to access rights to FI-WARE GE specifications and implementations in the FI-PPP Collaboration Agreement. However, special clause 41 in article 7 of the Grant Agreement states the following which apparently contradicts what was said in section B.3.2.4 of the DoW: [cid:image002.png at 01CE41B0.967B36F0] (for your knowlege, complementary beneficiaries refer to beneficiaries of other other projects different than FI-WARE in the FI-PPP). Besides this, there is article of the Grant Agreement that elaborates on what interpretation should prevail in case of conflicts between different parts of the Grant Agreement: [cid:image003.png at 01CE41B0.967B36F0] That would mean that what was stated in special clause 41 in article 7 would take precedence over what was stated in section B.3.2.4 of the DoW. It seems like it would be worth fixing this contradictions in an amendment of the DoW. 2. The alternative solutions proposed by SAP and Telefonica 2.1 Solution proposed by SAP The solution proposed by SAP is simple: drop the conflicting paragraph on section B.3.2.4. Consequently, users of FI-WARE in the context of the FI-PPP could be charged for the background that is integrated as part of a FI-WARE GE implementation or will be required for its execution. 2.2. Solution proposed by Telefonica Telefonica strongly believe that it has been stated multiple times, as basic principle of the program, that users of FI-WARE in the context of FI-PPP activities cannot be charged for any background or foreground that becomes part of a FI-WARE GE implementation. It can also confirm that the European Commission has stated multiple times that this was a requirement for the program. Therefore, it will never be accepted by the EC. Our proposal is also simple: * Fix special clause 41 so that it reads as follows (changes marked in red): Complementary beneficiaries enjoy the rights and bear the obligations of beneficiaries with regard to Articles II.32, II.33 and II.34 of Annex II {Access Rights}. However, for complementary beneficiaries, these rights and obligations are limited to foreground and background associated only to FI-WARE GE implementations developed in FI-WARE the project. Therefore, they do not extend to background that is not part of FI-WARE GE implementations or required for them to run. Complementary beneficiaries are not members of the consortium for the purpose of this grant agreement * Clarify paragraph in section B.3.2.4 of the DoW for the avoidance of doubt: Access Rights to Foreground and Background associated to FI-WARE GE implementations needed for the execution of the FI-PPP projects and users who carry out experiments in the FI-WARE Open Innovation Lab as long as the FI-WARE project lasts, shall be deemed granted on a Royalty-Free basis. Other than in exceptional circumstances and only for Background specifically identified, no costs shall be charged for granting such Access Rights. The FI-WARE beneficiaries will not charge any such costs to the project. 3. The process we will follow to make a decision and communicate it to the EC Given the fact that the two positions on the matter are irreconcilable, we should go for a voting. In this respect, partners will be asked to: * vote yes, no or abstain to each of the proposals * clarify whether they would issue a veto to a proposal if it happens to be endorsed by the majority of the partners For this purpose, the following doodle will be used. http://www.doodle.com/8r4rt8wnur5a7wh7 Those who wish to keep their vote visible in doodle please send your vote to me (or in response to recipients of this mail). We will list their vote in the doodle as "partner X" (X being a number). Voting will close this Friday at 12:00. Please don't forget to cast your vote. We will circulate an spreadsheet with the gathered votes by email on Friday afternoon and will close the doodle. Just to avoid any issue, we will give a period until Monday 12:00 to raise an issue if you believe that your vote was not properly recorded. Once we gather all the votes, we will apply voting accounting rules as stated in the FI-WARE Consortium Agreement, meaning that each Party shall have a number of votes equal to the percentage that its Project Share bears to the total of all the Project Shares of the Parties. Then we will announce the results to the consortia. Finally, based on the results of the process described above: * We will communicate to the EC the proposed changes in the Grant Agreement and require them to be part of amendment 4 * We will inform the EC about the partners (if any) who plan to veto amendment 4 because of the proposed changes If you have any questions regarding any of the points above, don't hesitate to ask. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... 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Name: image003.png Type: image/png Size: 55743 bytes Desc: image003.png URL: From jhierro at tid.es Thu Apr 25 14:26:06 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Thu, 25 Apr 2013 14:26:06 +0200 Subject: [Fiware-ga] [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 In-Reply-To: <393554EDCF801348BC53C7813C6CB73B06A2D4@DEWDFEMB14A.global.corp.sap> References: <5175887A.5000700@tid.es> <393554EDCF801348BC53C7813C6CB73B06A2D4@DEWDFEMB14A.global.corp.sap> Message-ID: <517920DE.70704@tid.es> Dear all, Thanks for SAP about their remarks, but I'm afraid that SAP is missing an important point. SAP's summary about how the Collaboration Agreement treats background is correct. Precisely, Telefonica's proposal is trying to amend both clause 41 and the text in Annex I (DoW) of the Grant Agreement to precisely align the Grant Agreement with the Collaboration Agreement. On the other hand, the EC, as they have stated multiple times, is not a party in any Agreement, neither the Collaboration nor the Consortium Agreement. Therefore, they want to keep in the Grant Agreement clear statements about how IP Access Rights will be treated. That way, among other things, would keep them safe in the case that FI-PPP partners change their agreements on matters the EC don't agree to. That's why the paragraph that SAP now intends to suppress is there in our DoW. That's also the reason why we feel pretty sure that the EC will never agree to drop that paragraph. If we drop the paragraph in question from the DoW, as SAP suggests, then the EC would be accepting, contractually, that FI-WARE partners would have the right to charge for background associated to FI-WARE GEs. It cannot be argued that the Collaboration Agreement fixes that issue because the EC has always stated that the Collaboration Agreement doesn't bind the EC nor bind us with the EC. They wouldn't rely the treatment of Last but not least, the whole point is that the issue is being treated. We have asked SAP whether SAP would retire their veto on amendment 4 and limit issuance of any veto on how this IPR issue is solved. We are waiting for their response. Best regards, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 On 25/04/13 12:35, Heller, Markus wrote: Dear all, We would like to add to Juanjo's remarks the following in order to clarify some misunderstanding that may have arisen: SAP's suggestion to delete the entire Section about Access Rights to Foreground and Background to FI PPP Partners does not contradict the 'spirit' of the FI PPP because the Access to Background is regulated in the Collaboration Agreement in the perfect differentiation for the specific needs of the technological FI PPP Platform Fi-Ware and the FI PPP Use Cases. The regulations in the Collaboration Agreement has finer regulations in order to fit the needs of the Use Cases and the special needs of Fi-Ware as Technology Platform. The regulations are as such: For Complementary Background, which is Background from another FI PPP Project, the Access is subject to another Agreement and upon discretion of the Background IP owner. Exception to this general rule is Background included in the so-called Fi-Ware Generic Enabler. This Background is accessible for FI PPP Partners upon royalty-free terms. Please see the exact wording of the Collaboration Agreement here: 4.2.3.4 Access Rights to Generic Enablers and Generic Enabler Specifications Notwithstanding the Sections 4.2.3.1 to 4.2.3.3 above, - Access Rights to Complementary Foreground and Complementary Background included in Generic Enabler Specifications for the execution of any Complementary Grant Agreement and for Use and - Access Rights to Complementary Background included in Generic Enablers which is Needed for the execution of the Complementary Grant Agreement are hereby requested in writing and are deemed granted on a royalty free basis to all Parties and by all Parties. We believe that this Section fits perfectly to the spirit of the FI PPP. Therefore, SAP believes, that we do not need any specific language in the DOW regarding the Access Rights. In parallel to the doodle polling according to the change procedures outlined in the mail below, we would like to share what is SAP's opinion on this matter. With best wishes, Markus Heller Dr. Markus Heller Senior Researcher SAP AG Vincenz-Priessnitz-Str. 1 76131 Karlsruhe / Germany T +49 6227 7-52673 Pflichtangaben/Mandatory Disclosure Statements: www.sap.com/corporate-en/impressum Diese E-Mail kann Betriebs- oder Gesch?ftsgeheimnisse oder sonstige vertrauliche Informationen enthalten. Sollten Sie diese E-Mail irrt?mlich erhalten haben, ist Ihnen eine Kenntnisnahme des Inhalts, eine Vervielf?ltigung oder Weitergabe der E-Mail ausdr?cklich untersagt. Bitte benachrichtigen Sie uns und vernichten Sie die empfangene E-Mail. Vielen Dank. This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. From: fiware-wpl-bounces at lists.fi-ware.eu [mailto:fiware-wpl-bounces at lists.fi-ware.eu] On Behalf Of Juanjo Hierro Sent: Montag, 22. April 2013 20:59 To: fiware-ga at lists.fi-ware.eu Cc: fiware-pcc at lists.fi-ware.eu; fiware-wpl at lists.fi-ware.eu; fiware-wpa at lists.fi-ware.eu Subject: [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Dear FI-WARE partners, I have to inform you that SAP has decided to issue a veto on the current amendment 4 currently under negotiation with the EC until a question on IPR management is solved. We committed to handle this issue raised during development of amendment 5 of the DoW which was going to be opened right after the current amendment is closed and we rather expect to finalize before end of May simply because there were elements there we know the EC consider of a rather high priority: incorporation of the new governance model and inclusion of additional beneficiaries from the 2nd Open Call and, more relevant for the EC, the 3rd Open Call. However SAP didn't want to rely on this compromise based on experience of the time consumed in previous amendments and decided to go for this veto, exploiting their right to issue it. I honestly believe we shouldn't spend too much time discussing whether this was a fair approach or not. This mail is then to cast your vote on the solution to handle the issue raised by SAP to be incorporated in amendment 4. In this mail, I will elaborate on: 1. The issue itself 2. The alternative solutions proposed by SAP and Telefonica 3. The process we will follow to make a decision and communicate it to the EC 1. The issue itself The issue is derived from a contradiction that has been detected by SAP on different places of the Grant Agreement (the contract). On one hand, the B.3.2.4 section on IPR included in the FI-WARE DoW (formally referred as Annex I of the Grant Agreement) states the following: [cid:part1.08040204.00010208 at tid.es] This paragraph was based on what we already stated in our proposal and was also requested by the EC. It was also aligned with clauses related to access rights to FI-WARE GE specifications and implementations in the FI-PPP Collaboration Agreement. However, special clause 41 in article 7 of the Grant Agreement states the following which apparently contradicts what was said in section B.3.2.4 of the DoW: [cid:part3.03020403.00000100 at tid.es] (for your knowlege, complementary beneficiaries refer to beneficiaries of other other projects different than FI-WARE in the FI-PPP). Besides this, there is article of the Grant Agreement that elaborates on what interpretation should prevail in case of conflicts between different parts of the Grant Agreement: [cid:part4.05040302.05050409 at tid.es] That would mean that what was stated in special clause 41 in article 7 would take precedence over what was stated in section B.3.2.4 of the DoW. It seems like it would be worth fixing this contradictions in an amendment of the DoW. 2. The alternative solutions proposed by SAP and Telefonica 2.1 Solution proposed by SAP The solution proposed by SAP is simple: drop the conflicting paragraph on section B.3.2.4. Consequently, users of FI-WARE in the context of the FI-PPP could be charged for the background that is integrated as part of a FI-WARE GE implementation or will be required for its execution. 2.2. Solution proposed by Telefonica Telefonica strongly believe that it has been stated multiple times, as basic principle of the program, that users of FI-WARE in the context of FI-PPP activities cannot be charged for any background or foreground that becomes part of a FI-WARE GE implementation. It can also confirm that the European Commission has stated multiple times that this was a requirement for the program. Therefore, it will never be accepted by the EC. Our proposal is also simple: * Fix special clause 41 so that it reads as follows (changes marked in red): Complementary beneficiaries enjoy the rights and bear the obligations of beneficiaries with regard to Articles II.32, II.33 and II.34 of Annex II {Access Rights}. However, for complementary beneficiaries, these rights and obligations are limited to foreground and background associated only to FI-WARE GE implementations developed in FI-WARE the project. Therefore, they do not extend to background that is not part of FI-WARE GE implementations or required for them to run. Complementary beneficiaries are not members of the consortium for the purpose of this grant agreement * Clarify paragraph in section B.3.2.4 of the DoW for the avoidance of doubt: Access Rights to Foreground and Background associated to FI-WARE GE implementations needed for the execution of the FI-PPP projects and users who carry out experiments in the FI-WARE Open Innovation Lab as long as the FI-WARE project lasts, shall be deemed granted on a Royalty-Free basis. Other than in exceptional circumstances and only for Background specifically identified, no costs shall be charged for granting such Access Rights. The FI-WARE beneficiaries will not charge any such costs to the project. 3. The process we will follow to make a decision and communicate it to the EC Given the fact that the two positions on the matter are irreconcilable, we should go for a voting. In this respect, partners will be asked to: * vote yes, no or abstain to each of the proposals * clarify whether they would issue a veto to a proposal if it happens to be endorsed by the majority of the partners For this purpose, the following doodle will be used. http://www.doodle.com/8r4rt8wnur5a7wh7 Those who wish to keep their vote visible in doodle please send your vote to me (or in response to recipients of this mail). We will list their vote in the doodle as "partner X" (X being a number). Voting will close this Friday at 12:00. Please don't forget to cast your vote. We will circulate an spreadsheet with the gathered votes by email on Friday afternoon and will close the doodle. Just to avoid any issue, we will give a period until Monday 12:00 to raise an issue if you believe that your vote was not properly recorded. Once we gather all the votes, we will apply voting accounting rules as stated in the FI-WARE Consortium Agreement, meaning that each Party shall have a number of votes equal to the percentage that its Project Share bears to the total of all the Project Shares of the Parties. Then we will announce the results to the consortia. Finally, based on the results of the process described above: * We will communicate to the EC the proposed changes in the Grant Agreement and require them to be part of amendment 4 * We will inform the EC about the partners (if any) who plan to veto amendment 4 because of the proposed changes If you have any questions regarding any of the points above, don't hesitate to ask. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/png Size: 26719 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/png Size: 49073 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: not available Type: image/png Size: 55743 bytes Desc: not available URL: From nuria.delama at atosresearch.eu Thu Apr 25 18:12:58 2013 From: nuria.delama at atosresearch.eu (Nuria De-Lama Sanchez) Date: Thu, 25 Apr 2013 18:12:58 +0200 Subject: [Fiware-ga] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Message-ID: <66E3B1FDDB04BE4D92DC3A2BA8D98D9A0200A56B@INTMAIL03.es.int.atosorigin.com> Dear all and thanks both Markus and Juanjo for the remarks, The position of Atos is simple: it was stated from the very beginning of the programme that access to background and foreground (that is needed for the purpose of executing the programme, which involves -of course-the FI-WARE GE and baseline works) would be given on a royalty-free basis. By the way, FI-WARE as project has publicity declared it in front of all audiences. In order to be coherent and explicit about it, it is good that this is clearly reflected in all the agreements, including the DoW, which in the end is the contract signed between FI-WARE partners and the EC (where we make clear our commitments). This is also a marketing tool. Be aware that as soon as other stakeholders feel (and see) they cannot get access to necessary background for free in the context of the FI PPP they will not be interested in our solutions anymore. Opening a door for charging them (or making them believe they they could be charged for the use of some background SW) may not be illegal (I am not sure), but would go not only against the spirit of the FI PPP, but also against business opportunities for FI-WARE. In the end, all partners are free to define the terms and conditions for their GE in a potential commercial context after the FI PPP, and this should be enough to be clear on the charging aspects in the future. As said, the present (execution of the FI PPP) is non-negotiable for our own benefit and interest. Best regards, Nuria de Lama Research & Innovation Representative to the European Commission T +34 91214 9321 F +34 91754 3252 nuria.delama at atosresearch.eu Albarrac?n 25 28037 Madrid Spain www.atosresearch.eu es.atos.net From: fiware-ga-bounces at lists.fi-ware.eu [mailto:fiware-ga-bounces at lists.fi-ware.eu] On Behalf Of Juanjo Hierro Sent: jueves, 25 de abril de 2013 14:26 To: Heller, Markus Cc: fiware-wpa at lists.fi-ware.eu; fiware-wpl at lists.fi-ware.eu; fiware-pcc at lists.fi-ware.eu; fiware-ga at lists.fi-ware.eu Subject: Re: [Fiware-ga] [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Dear all, Thanks for SAP about their remarks, but I'm afraid that SAP is missing an important point. SAP's summary about how the Collaboration Agreement treats background is correct. Precisely, Telefonica's proposal is trying to amend both clause 41 and the text in Annex I (DoW) of the Grant Agreement to precisely align the Grant Agreement with the Collaboration Agreement. On the other hand, the EC, as they have stated multiple times, is not a party in any Agreement, neither the Collaboration nor the Consortium Agreement. Therefore, they want to keep in the Grant Agreement clear statements about how IP Access Rights will be treated. That way, among other things, would keep them safe in the case that FI-PPP partners change their agreements on matters the EC don't agree to. That's why the paragraph that SAP now intends to suppress is there in our DoW. That's also the reason why we feel pretty sure that the EC will never agree to drop that paragraph. If we drop the paragraph in question from the DoW, as SAP suggests, then the EC would be accepting, contractually, that FI-WARE partners would have the right to charge for background associated to FI-WARE GEs. It cannot be argued that the Collaboration Agreement fixes that issue because the EC has always stated that the Collaboration Agreement doesn't bind the EC nor bind us with the EC. They wouldn't rely the treatment of Last but not least, the whole point is that the issue is being treated. We have asked SAP whether SAP would retire their veto on amendment 4 and limit issuance of any veto on how this IPR issue is solved. We are waiting for their response. Best regards, -- Juanjo ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 On 25/04/13 12:35, Heller, Markus wrote: Dear all, We would like to add to Juanjo's remarks the following in order to clarify some misunderstanding that may have arisen: SAP's suggestion to delete the entire Section about Access Rights to Foreground and Background to FI PPP Partners does not contradict the 'spirit' of the FI PPP because the Access to Background is regulated in the Collaboration Agreement in the perfect differentiation for the specific needs of the technological FI PPP Platform Fi-Ware and the FI PPP Use Cases. The regulations in the Collaboration Agreement has finer regulations in order to fit the needs of the Use Cases and the special needs of Fi-Ware as Technology Platform. The regulations are as such: For Complementary Background, which is Background from another FI PPP Project, the Access is subject to another Agreement and upon discretion of the Background IP owner. Exception to this general rule is Background included in the so-called Fi-Ware Generic Enabler. This Background is accessible for FI PPP Partners upon royalty-free terms. Please see the exact wording of the Collaboration Agreement here: 4.2.3.4 Access Rights to Generic Enablers and Generic Enabler Specifications Notwithstanding the Sections 4.2.3.1 to 4.2.3.3 above, - Access Rights to Complementary Foreground and Complementary Background included in Generic Enabler Specifications for the execution of any Complementary Grant Agreement and for Use and - Access Rights to Complementary Background included in Generic Enablers which is Needed for the execution of the Complementary Grant Agreement are hereby requested in writing and are deemed granted on a royalty free basis to all Parties and by all Parties. We believe that this Section fits perfectly to the spirit of the FI PPP. Therefore, SAP believes, that we do not need any specific language in the DOW regarding the Access Rights. In parallel to the doodle polling according to the change procedures outlined in the mail below, we would like to share what is SAP's opinion on this matter. With best wishes, Markus Heller Dr. Markus Heller Senior Researcher SAP AG Vincenz-Priessnitz-Str. 1 76131 Karlsruhe / Germany T +49 6227 7-52673 Pflichtangaben/Mandatory Disclosure Statements: www.sap.com/corporate-en/impressum Diese E-Mail kann Betriebs- oder Gesch?ftsgeheimnisse oder sonstige vertrauliche Informationen enthalten. Sollten Sie diese E-Mail irrt?mlich erhalten haben, ist Ihnen eine Kenntnisnahme des Inhalts, eine Vervielf?ltigung oder Weitergabe der E-Mail ausdr?cklich untersagt. Bitte benachrichtigen Sie uns und vernichten Sie die empfangene E-Mail. Vielen Dank. This e-mail may contain trade secrets or privileged, undisclosed, or otherwise confidential information. If you have received this e-mail in error, you are hereby notified that any review, copying, or distribution of it is strictly prohibited. Please inform us immediately and destroy the original transmittal. Thank you for your cooperation. From: fiware-wpl-bounces at lists.fi-ware.eu [mailto:fiware-wpl-bounces at lists.fi-ware.eu] On Behalf Of Juanjo Hierro Sent: Montag, 22. April 2013 20:59 To: fiware-ga at lists.fi-ware.eu Cc: fiware-pcc at lists.fi-ware.eu; fiware-wpl at lists.fi-ware.eu; fiware-wpa at lists.fi-ware.eu Subject: [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 Dear FI-WARE partners, I have to inform you that SAP has decided to issue a veto on the current amendment 4 currently under negotiation with the EC until a question on IPR management is solved. We committed to handle this issue raised during development of amendment 5 of the DoW which was going to be opened right after the current amendment is closed and we rather expect to finalize before end of May simply because there were elements there we know the EC consider of a rather high priority: incorporation of the new governance model and inclusion of additional beneficiaries from the 2nd Open Call and, more relevant for the EC, the 3rd Open Call. However SAP didn't want to rely on this compromise based on experience of the time consumed in previous amendments and decided to go for this veto, exploiting their right to issue it. I honestly believe we shouldn't spend too much time discussing whether this was a fair approach or not. This mail is then to cast your vote on the solution to handle the issue raised by SAP to be incorporated in amendment 4. In this mail, I will elaborate on: 1. The issue itself 2. The alternative solutions proposed by SAP and Telefonica 3. The process we will follow to make a decision and communicate it to the EC 1. The issue itself The issue is derived from a contradiction that has been detected by SAP on different places of the Grant Agreement (the contract). On one hand, the B.3.2.4 section on IPR included in the FI-WARE DoW (formally referred as Annex I of the Grant Agreement) states the following: This paragraph was based on what we already stated in our proposal and was also requested by the EC. It was also aligned with clauses related to access rights to FI-WARE GE specifications and implementations in the FI-PPP Collaboration Agreement. However, special clause 41 in article 7 of the Grant Agreement states the following which apparently contradicts what was said in section B.3.2.4 of the DoW: (for your knowlege, complementary beneficiaries refer to beneficiaries of other other projects different than FI-WARE in the FI-PPP). Besides this, there is article of the Grant Agreement that elaborates on what interpretation should prevail in case of conflicts between different parts of the Grant Agreement: That would mean that what was stated in special clause 41 in article 7 would take precedence over what was stated in section B.3.2.4 of the DoW. It seems like it would be worth fixing this contradictions in an amendment of the DoW. 2. The alternative solutions proposed by SAP and Telefonica 2.1 Solution proposed by SAP The solution proposed by SAP is simple: drop the conflicting paragraph on section B.3.2.4. Consequently, users of FI-WARE in the context of the FI-PPP could be charged for the background that is integrated as part of a FI-WARE GE implementation or will be required for its execution. 2.2. Solution proposed by Telefonica Telefonica strongly believe that it has been stated multiple times, as basic principle of the program, that users of FI-WARE in the context of FI-PPP activities cannot be charged for any background or foreground that becomes part of a FI-WARE GE implementation. It can also confirm that the European Commission has stated multiple times that this was a requirement for the program. Therefore, it will never be accepted by the EC. Our proposal is also simple: * Fix special clause 41 so that it reads as follows (changes marked in red): Complementary beneficiaries enjoy the rights and bear the obligations of beneficiaries with regard to Articles II.32, II.33 and II.34 of Annex II {Access Rights}. However, for complementary beneficiaries, these rights and obligations are limited to foreground and background associated only to FI-WARE GE implementations developed in FI-WARE the project. Therefore, they do not extend to background that is not part of FI-WARE GE implementations or required for them to run. Complementary beneficiaries are not members of the consortium for the purpose of this grant agreement * Clarify paragraph in section B.3.2.4 of the DoW for the avoidance of doubt: Access Rights to Foreground and Background associated to FI-WARE GE implementations needed for the execution of the FI-PPP projects and users who carry out experiments in the FI-WARE Open Innovation Lab as long as the FI-WARE project lasts, shall be deemed granted on a Royalty-Free basis. Other than in exceptional circumstances and only for Background specifically identified, no costs shall be charged for granting such Access Rights. The FI-WARE beneficiaries will not charge any such costs to the project. 3. The process we will follow to make a decision and communicate it to the EC Given the fact that the two positions on the matter are irreconcilable, we should go for a voting. In this respect, partners will be asked to: * vote yes, no or abstain to each of the proposals * clarify whether they would issue a veto to a proposal if it happens to be endorsed by the majority of the partners For this purpose, the following doodle will be used. http://www.doodle.com/8r4rt8wnur5a7wh7 Those who wish to keep their vote visible in doodle please send your vote to me (or in response to recipients of this mail). We will list their vote in the doodle as "partner X" (X being a number). Voting will close this Friday at 12:00. Please don't forget to cast your vote. We will circulate an spreadsheet with the gathered votes by email on Friday afternoon and will close the doodle. Just to avoid any issue, we will give a period until Monday 12:00 to raise an issue if you believe that your vote was not properly recorded. Once we gather all the votes, we will apply voting accounting rules as stated in the FI-WARE Consortium Agreement, meaning that each Party shall have a number of votes equal to the percentage that its Project Share bears to the total of all the Project Shares of the Parties. Then we will announce the results to the consortia. Finally, based on the results of the process described above: * We will communicate to the EC the proposed changes in the Grant Agreement and require them to be part of amendment 4 * We will inform the EC about the partners (if any) who plan to veto amendment 4 because of the proposed changes If you have any questions regarding any of the points above, don't hesitate to ask. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx ________________________________ Este mensaje se dirige exclusivamente a su destinatario. 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Name: image005.png Type: image/png Size: 55743 bytes Desc: image005.png URL: From jhierro at tid.es Mon Apr 29 09:39:50 2013 From: jhierro at tid.es (Juanjo Hierro) Date: Mon, 29 Apr 2013 09:39:50 +0200 Subject: [Fiware-ga] [Fiware-wpl] URGENT and CRITICAL vote by the FI-WARE General Assembly: SAP veto on amendment 4 In-Reply-To: <5175887A.5000700@tid.es> References: <5175887A.5000700@tid.es> Message-ID: <517E23C6.6060809@tid.es> Dear FI-WARE partners, You can find below the capture of the doodle vote regarding the raised issue on management of IPRs linked to background FI-WARE GEs rely on. Please double-check that your vote was properly captured. There was an additional vote by one partner who wanted to remain anonymus on doodle (therefore, it was referred as Partner 1). We have finally dropped the doodle poll as planned. Thanks to all of you who have voted. Fortunately, SAP has communicated to us that they withdraw their veto on amendment 4, as far as the issue is addressed in the next amendment (amendment 5). I believe that all of us share the need for solving the issue, so let's go for that and work together in the best proposal. I would like to give thanks to SAP for withdrawing their veto. Cheers, -- Juanjo Hierro [cid:part1.05030105.00030308 at tid.es] ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 On 22/04/13 20:59, Juanjo Hierro wrote: Dear FI-WARE partners, I have to inform you that SAP has decided to issue a veto on the current amendment 4 currently under negotiation with the EC until a question on IPR management is solved. We committed to handle this issue raised during development of amendment 5 of the DoW which was going to be opened right after the current amendment is closed and we rather expect to finalize before end of May simply because there were elements there we know the EC consider of a rather high priority: incorporation of the new governance model and inclusion of additional beneficiaries from the 2nd Open Call and, more relevant for the EC, the 3rd Open Call. However SAP didn't want to rely on this compromise based on experience of the time consumed in previous amendments and decided to go for this veto, exploiting their right to issue it. I honestly believe we shouldn't spend too much time discussing whether this was a fair approach or not. This mail is then to cast your vote on the solution to handle the issue raised by SAP to be incorporated in amendment 4. In this mail, I will elaborate on: 1. The issue itself 2. The alternative solutions proposed by SAP and Telefonica 3. The process we will follow to make a decision and communicate it to the EC 1. The issue itself The issue is derived from a contradiction that has been detected by SAP on different places of the Grant Agreement (the contract). On one hand, the B.3.2.4 section on IPR included in the FI-WARE DoW (formally referred as Annex I of the Grant Agreement) states the following: [cid:part1.08040204.00010208 at tid.es] This paragraph was based on what we already stated in our proposal and was also requested by the EC. It was also aligned with clauses related to access rights to FI-WARE GE specifications and implementations in the FI-PPP Collaboration Agreement. However, special clause 41 in article 7 of the Grant Agreement states the following which apparently contradicts what was said in section B.3.2.4 of the DoW: [cid:part3.00020808.09050901 at tid.es] (for your knowlege, complementary beneficiaries refer to beneficiaries of other other projects different than FI-WARE in the FI-PPP). Besides this, there is article of the Grant Agreement that elaborates on what interpretation should prevail in case of conflicts between different parts of the Grant Agreement: [cid:part4.01060106.00000402 at tid.es] That would mean that what was stated in special clause 41 in article 7 would take precedence over what was stated in section B.3.2.4 of the DoW. It seems like it would be worth fixing this contradictions in an amendment of the DoW. 2. The alternative solutions proposed by SAP and Telefonica 2.1 Solution proposed by SAP The solution proposed by SAP is simple: drop the conflicting paragraph on section B.3.2.4. Consequently, users of FI-WARE in the context of the FI-PPP could be charged for the background that is integrated as part of a FI-WARE GE implementation or will be required for its execution. 2.2. Solution proposed by Telefonica Telefonica strongly believe that it has been stated multiple times, as basic principle of the program, that users of FI-WARE in the context of FI-PPP activities cannot be charged for any background or foreground that becomes part of a FI-WARE GE implementation. It can also confirm that the European Commission has stated multiple times that this was a requirement for the program. Therefore, it will never be accepted by the EC. Our proposal is also simple: * Fix special clause 41 so that it reads as follows (changes marked in red): Complementary beneficiaries enjoy the rights and bear the obligations of beneficiaries with regard to Articles II.32, II.33 and II.34 of Annex II {Access Rights}. However, for complementary beneficiaries, these rights and obligations are limited to foreground and background associated only to FI-WARE GE implementations developed in FI-WARE the project. Therefore, they do not extend to background that is not part of FI-WARE GE implementations or required for them to run. Complementary beneficiaries are not members of the consortium for the purpose of this grant agreement * Clarify paragraph in section B.3.2.4 of the DoW for the avoidance of doubt: Access Rights to Foreground and Background associated to FI-WARE GE implementations needed for the execution of the FI-PPP projects and users who carry out experiments in the FI-WARE Open Innovation Lab as long as the FI-WARE project lasts, shall be deemed granted on a Royalty-Free basis. Other than in exceptional circumstances and only for Background specifically identified, no costs shall be charged for granting such Access Rights. The FI-WARE beneficiaries will not charge any such costs to the project. 3. The process we will follow to make a decision and communicate it to the EC Given the fact that the two positions on the matter are irreconcilable, we should go for a voting. In this respect, partners will be asked to: * vote yes, no or abstain to each of the proposals * clarify whether they would issue a veto to a proposal if it happens to be endorsed by the majority of the partners For this purpose, the following doodle will be used. http://www.doodle.com/8r4rt8wnur5a7wh7 Those who wish to keep their vote visible in doodle please send your vote to me (or in response to recipients of this mail). We will list their vote in the doodle as "partner X" (X being a number). Voting will close this Friday at 12:00. Please don't forget to cast your vote. We will circulate an spreadsheet with the gathered votes by email on Friday afternoon and will close the doodle. Just to avoid any issue, we will give a period until Monday 12:00 to raise an issue if you believe that your vote was not properly recorded. Once we gather all the votes, we will apply voting accounting rules as stated in the FI-WARE Consortium Agreement, meaning that each Party shall have a number of votes equal to the percentage that its Project Share bears to the total of all the Project Shares of the Parties. Then we will announce the results to the consortia. Finally, based on the results of the process described above: * We will communicate to the EC the proposed changes in the Grant Agreement and require them to be part of amendment 4 * We will inform the EC about the partners (if any) who plan to veto amendment 4 because of the proposed changes If you have any questions regarding any of the points above, don't hesitate to ask. Best regards, -- Juanjo Hierro ------------- Product Development and Innovation (PDI) - Telefonica Digital website: www.tid.es email: jhierro at tid.es twitter: twitter.com/JuanjoHierro FI-WARE (European Future Internet Core Platform) Coordinator and Chief Architect You can follow FI-WARE at: website: http://www.fi-ware.eu facebook: http://www.facebook.com/pages/FI-WARE/251366491587242 twitter: http://twitter.com/FIware linkedIn: http://www.linkedin.com/groups/FIWARE-4239932 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx _______________________________________________ Fiware-wpl mailing list Fiware-wpl at lists.fi-ware.eu https://lists.fi-ware.eu/listinfo/fiware-wpl ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra pol?tica de env?o y recepci?n de correo electr?nico en el enlace situado m?s abajo. This message is intended exclusively for its addressee. We only send and receive email on the basis of the terms set out at: http://www.tid.es/ES/PAGINAS/disclaimer.aspx -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: jigiedfg.png Type: image/png Size: 70535 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... 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