From robert.sarrazin at orange.com Tue Jun 5 12:32:06 2012 From: robert.sarrazin at orange.com (robert.sarrazin at orange.com) Date: Tue, 5 Jun 2012 12:32:06 +0200 Subject: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARYSPECIFICATIONS In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DAE60C7@EXCLU2K7.hi.inet> <843DA8228A1BA74CA31FB4E111A5C462025AC01B@ftrdmel0.rd.francetelecom.fr> Message-ID: <843DA8228A1BA74CA31FB4E111A5C462025F9AB4@ftrdmel0.rd.francetelecom.fr> Dear Luis , Jonas and all, Thank you Jonas for your valuable contribution concerning the licence provisions . After internal examination we mainly share your wiews . For clarification purposes , we suggest a modification of ? 3 "Patent License " (1 ) as follows ( underlined ) : 1) "GES Essential Patents" shall mean patents and patent applications with priority date not later than the first public disclosure of the GES which are necessarily and unavoidably infringed by any implementation fully compliant with the GES in its unmodified form, and which are owned by any of the FI-WARE Project Partners and can be licensed by the same without any obligation to seek consent of or compensate or otherwise account to a third party. We hope that this can be acceptable . Best regards ________________________________ De : Heitto, Jonas (Jonas) [mailto:jonas.heitto at alcatel-lucent.com] Envoy? : mercredi 23 mai 2012 22:52 ? : SARRAZIN Robert DJ-DJ-ISS; lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc : NAGELLEN Thierry RD-BIZZ-SOP Objet : RE: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARYSPECIFICATIONS Dear Luis, thank you for the valuable draft declaration. I think that the license grants need to be further clarified. I would like to distinguish between copyright and patent licenses. The patent licenses should be either completely disclaimed, or in case there is a common understanding that we are obliged to grant patent licenses, then they should be limited along the lines indicated in the attached. Please note that this language is for discussion purposes only, and only addresses the license provisions in Sections 1 to 3. Please let me know what you think - 1. Use Of Specification - Terms, Conditions & Notices The material in this document details a FI-WARE Generic Enabler Specification ("GES") in accordance with the terms, conditions and notices set forth below. This document does not represent a commitment to implement any portion of this specification in any company's products. The information contained in this document is subject to change without notice. 2. Copyright License Each of the FI-WARE Project Partners hereby grants you a personal, nonexclusive, non transferable, non sub-licensable, royalty-free, paid up, worldwide license, under its respective copyrights incorporated in the GES, to copy and display the GES and to create derivative works thereof, solely for the purposes of developing derivative specifications of the GES and developing and commercializing software implementations conforming to the GES. 3. Patent License (1) "GES Essential Patents" shall mean patents and patent applications with priority date not later than the first public disclosure of the GES, the subject-matter of which is disclosed by the GES in their unmodified form, which are necessarily and unavoidably infringed by any implementation of the GES and which are owned by any of the FI-WARE Project Partners and can be licensed by the same without any obligation to seek consent of or compensate or otherwise account to a third party. (2) Each of the FI-WARE Project Partners hereby grant you a personal, nonexclusive, non transferable, non sub-licensable, royalty-free, paid up, worldwide license, under their respective GES Essential Patents, to make, use and sell software implementations conforming to the GES. (3) Each of the FI-WARE Project Partners reserve their right to request the payment of royalties, or to seek any other remedy under applicable law, with respect to any patents other than GES Essential Patents, or for any use of the GES Essential Patents not falling under (2). (4) The FI-WARE Project Partners shall not be responsible for identifying patents for which a license may be required in the course of implementing any of the GES, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. The GES are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents. Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS ** Tel +49 711 821 44561 ** Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of robert.sarrazin at orange.com Sent: Mittwoch, 23. Mai 2012 18:46 To: lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc: thierry.nagellen at orange.com Subject: Re: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear luis and all, In addition to my previous comments below, I think it should be useful ( to avoid any misunderstanding ) to add at the end of Section " License " the following wording: " For avoidance of doubt, the rights granted are only those expressly stated in this Section . No other rights of any kind are granted by implication, waiver, or otherwise " Best regards ________________________________ De : SARRAZIN Robert DJ-DJ-ISS Envoy? : mardi 22 mai 2012 18:55 ? : 'LUIS GARCIA GARCIA'; fiware-legal at lists.fi-ware.eu Cc : NAGELLEN Thierry RD-BIZZ-SOP Objet : RE: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear Luis and all, Please find below somme first comments on my side . - Concerning the Section " General Use Restrictions " I wonder if there is a possible contradiction between the second sentence beginning : " No part of this work .. " and the terms of the License granted ( In the Section " License " ) Is it intended to allow a copy of the specification itself ( as per License terms ) but not a part of this specification , without the permission of the copyright owner( s) ( according to the second sentence of " General Use Restrictions" ) ? -Concerning the first para, second sentence of Section " Disclaimer of Warranty " I suggest to complete it as follows: THE FI-WARE PARTNER MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS PUBLICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, WARRANTY OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. Best regards ________________________________ De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : jeudi 17 mai 2012 10:43 ? : fiware-legal at lists.fi-ware.eu Objet : [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear all, We?ve prepared the applicable terms for the preliminary specifications that are now published in FI-WARE. http://forge.fi-ware.eu/plugins/mediawiki/wiki/fiware/index.php/FI-WARE_Open_Specifications_Legal_Notice#Copyright_Information We understand that these terms and conditions are in line with clause 4.1 of the CA. Notwithstanding, we invite you to send us your comments/ inputs in order to prepare the final version of these terms. This final version will be applicable to the final FI-WARE specifications. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) ________________________________ 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: image002.gif Type: image/gif Size: 4903 bytes Desc: image002.gif URL: From jdps at tid.es Tue Jun 5 23:03:54 2012 From: jdps at tid.es (JAVIER DE PEDRO SANCHEZ) Date: Tue, 05 Jun 2012 23:03:54 +0200 Subject: [Fiware-legal] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs In-Reply-To: <739A87E5-BFAA-4D2C-B195-853B34E2D363@tid.es> References: <739A87E5-BFAA-4D2C-B195-853B34E2D363@tid.es> Message-ID: <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> Dear all As Coordinator TID has to keep track of the situation of the signed MoC of each partner of FI-WARE partner. I kindly ask you to send the electronic version of your signed MoC to us. (The original has to be sent to CONCORD directly). We only need a scanned copy. Thank you very much. BR Javier. De: fiware-ga-bounces at lists.fi-ware.eu [mailto:fiware-ga-bounces at lists.fi-ware.eu] En nombre de JOSE JIMENEZ DELGADO Enviado el: lunes, 04 de junio de 2012 14:50 Para: fiware-pcc; fiware-ga at lists.fi-ware.eu CC: LUIS GARCIA GARCIA Asunto: [Fiware-ga] Fwd: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs As indicated -- Jose Jimenez De: "Riepula Mikko" > Para: "SB at fi-ppp.eu" > Cc: "Markkanen Anna" >, "Judith Pertejo Lopez (jpertejo at isdefe.es)" >, "Arian.ZWEGERS at ec.europa.eu" >, "Willem Jonker" >, "Elio Salvadori" >, "Le Pannerer Yves-Marie" >, "Martti M?ntyl?" > Asunto: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all, and Project Coordinators in particular, Please circulate the enclosed to all organisations within your consortia. I'd be obliged if we got a significant majority of the signatures by June 18th. First and foremost don't forget to act within your own organisation and set a good example! The cover letter says it all about the process. If any questions still, please turn to Anna Markkanen here at Aalto. Kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 31 May 2012, at 16:46, Riepula Mikko wrote: Dear All, Please find attached the minutes along with the Appendices 2-4. (...v6 clean.pdf = Appendix 4.) A further execution version of the EIT ICT Labs MoC will be distributed very very soon, but there will no more content changes. There were also a few other decisions and action points in the meeting, so please read through. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) Begin forwarded message: From: Riepula Mikko > Subject: Fwd: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 30 May 2012 12:27:09 EEST To: "SB at fi-ppp.eu" > Cc: "Peter.Fatelnig at ec.europa.eu> (INFSO)" >, Willem Jonker >, Martti M?ntyl? >, Markkanen Anna >, Anne de Moor > Dear all, I suggest we decide in favour of the further changes to section 1.7 proposed by IBM (see the enclosed short snippet) in our meeting this afternoon. As you can see the changes are quite small and should be easily acceptable by EIT ICT Labs also -- hopefully Willem and/or Martti will still have the chance to comment this afternoon. talk to you soon, Mikko From: Riepula Mikko > Subject: Re: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 28 May 2012 11:04:03 EEST To: "SB at fi-ppp.eu" > Cc: "Arian.ZWEGERS at ec.europa.eu" >, Markkanen Anna >, Willem Jonker >, Martti M?ntyl? > Dear all, After one more round with EIT ICT Labs we came up with the enclosed, simplified version of the MoC. (For example, the Annex was removed altogether, and some other redundancy removed.) This is a version that EIT ICT Labs fully supports, and I'm hoping that we can say the same on our side. The process and the targeted dates are still as in the original cover letter (also attached). Coordinators, if you could please send me the missing feedback from your projects for aggregation -- the recent changes have hardly been such that they would make anyone change their mind. If, in the next SB, we could not conclude with a clear green light for it, then it might all be too late. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 16 May 2012, at 18:52, Mikko Riepula wrote: Dear all, dear project Coordinators in particular, Enclosed you will find a version of the Memorandum of Collaboration for further distribution to your consortium members. (The same was just sent with the invitation and agenda to the 30-May SB Meeting). Please can you read the cover letter and highlight the importance of this within your consortia. In line with the requests of the Commission, we would then expect fairly definite stances by all partners -- collected by Coordinators into a single free-form document insofar as possible -- by May 26th. Given the easy nature of the text -- it looks very serious and legal at places but it is not much asked to sign it -- I'd sincerely hope we can make it. EIT ICT Lab's Chief Strategy Officer Prof. Dr. Martti M?ntyl? has promised to come and join us in person for our meeting in Helsinki during agenda point #9 dealing with the matter, to answer any questions on their behalf. (Furthermore, as many of you are aware, EIT ICT Lab's CEO Prof. Dr. Willem Jonker is also an elected member of our Advisory Board.) Furthermore the gentlemen from the Commission in Cc are surely willing to share views on the matter. In line with our decision-making structure and as many would be quick to point out, the SB will not strictly speaking need to take a definite stance on this but, as the Commission has expressed earlier, it would definitely be a good opportunity for showing that we can. Of course we'll make sure that everyone can feel safe with the formulations in the meeting minutes, along the lines of "the Meeting decided in favour of recommending the FI PPP beneficiaries to become parties to the proposed MoC in light of the risk-free nature of the MoC," so that no-one needs to feel he/she would be exceeding his/her powers or the powers vested in the SB. We'll discuss this in detail on May 30th, but please do take action now for getting the feedback in time for our meeting. Please do not wait till the SB meeting for discussing this with any parties you may feel are affected in your context, but come prepared and enlightened to the meeting, empowered by and with the mandate to represent the interests of your project. Kind regards, Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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 _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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: Cover Letter to the execution of MoC between EIT ICT Labs and FI PPP.PDF Type: application/pdf Size: 423821 bytes Desc: Cover Letter to the execution of MoC between EIT ICT Labs and FI PPP.PDF URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: MoC EIT ICT Labs and FI PPP v6.1.1 clean.pdf Type: application/pdf Size: 464135 bytes Desc: MoC EIT ICT Labs and FI PPP v6.1.1 clean.pdf URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: MoC EIT ICT Labs and FI PPP v6.1.1 clean.doc Type: application/msword Size: 416768 bytes Desc: MoC EIT ICT Labs and FI PPP v6.1.1 clean.doc URL: From kathrin.schweppe at sap.com Wed Jun 6 09:21:00 2012 From: kathrin.schweppe at sap.com (Schweppe, Kathrin) Date: Wed, 6 Jun 2012 09:21:00 +0200 Subject: [Fiware-legal] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs In-Reply-To: <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> References: <739A87E5-BFAA-4D2C-B195-853B34E2D363@tid.es> <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> Message-ID: <7ED7B27AF3542948BAB7BCD179A7677C1350EED033@DEWDFECCR03.wdf.sap.corp> Dear Javier, SAP is not able to sign the MOC in its current form. Concord is informed about our remarks. Best regards, Kathrin Schweppe, LL.M. Legal Counsel Global Legal SAP AG Dietmar-Hopp-Allee 16 69190 Walldorf, Germany T +49 6227 7-64369 F +49 6227 78-54177 E kathrin.schweppe at sap.com http://www.sap.com Sitz der Gesellschaft/Registered Office: Walldorf, Germany Vorstand/SAP Executive Board: Bill McDermot (Sprecher/Co-CEO), Jim Hagemann Snabe (Sprecher/Co-CEO), Werner Brandt, Gerhard Oswald, Vishal Sikka Vorsitzender des Aufsichtsrats/Chairperson of the SAP Supervisory Board: Hasso Plattner Registergericht/Commercial Register Mannheim No HRB 350269 Diese e-mail kann Betriebs- oder Gesch?ftsgeheimnisse, dem Anwaltsgeheimnis unterliegende 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. Prepared by a member of SAP Global Legal. This message and any attachments may contain information that is confidential, private or protected by the attorney-client or other privilege. If you have received this email in error, please delete this message without further copying or distribution and promptly notify me. Thank you for your cooperation. From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of JAVIER DE PEDRO SANCHEZ Sent: Dienstag, 5. Juni 2012 23:04 To: 'fiware-legal at lists.fi-ware.eu'; fiware-administrative at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO; subsidies at tid.es Subject: [Fiware-legal] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all As Coordinator TID has to keep track of the situation of the signed MoC of each partner of FI-WARE partner. I kindly ask you to send the electronic version of your signed MoC to us. (The original has to be sent to CONCORD directly). We only need a scanned copy. Thank you very much. BR Javier. De: fiware-ga-bounces at lists.fi-ware.eu [mailto:fiware-ga-bounces at lists.fi-ware.eu] En nombre de JOSE JIMENEZ DELGADO Enviado el: lunes, 04 de junio de 2012 14:50 Para: fiware-pcc; fiware-ga at lists.fi-ware.eu CC: LUIS GARCIA GARCIA Asunto: [Fiware-ga] Fwd: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs As indicated -- Jose Jimenez De: "Riepula Mikko" > Para: "SB at fi-ppp.eu" > Cc: "Markkanen Anna" >, "Judith Pertejo Lopez (jpertejo at isdefe.es)" >, "Arian.ZWEGERS at ec.europa.eu" >, "Willem Jonker" >, "Elio Salvadori" >, "Le Pannerer Yves-Marie" >, "Martti M?ntyl?" > Asunto: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all, and Project Coordinators in particular, Please circulate the enclosed to all organisations within your consortia. I'd be obliged if we got a significant majority of the signatures by June 18th. First and foremost don't forget to act within your own organisation and set a good example! The cover letter says it all about the process. If any questions still, please turn to Anna Markkanen here at Aalto. Kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 31 May 2012, at 16:46, Riepula Mikko wrote: Dear All, Please find attached the minutes along with the Appendices 2-4. (...v6 clean.pdf = Appendix 4.) A further execution version of the EIT ICT Labs MoC will be distributed very very soon, but there will no more content changes. There were also a few other decisions and action points in the meeting, so please read through. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) Begin forwarded message: From: Riepula Mikko > Subject: Fwd: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 30 May 2012 12:27:09 EEST To: "SB at fi-ppp.eu" > Cc: "Peter.Fatelnig at ec.europa.eu> (INFSO)" >, Willem Jonker >, Martti M?ntyl? >, Markkanen Anna >, Anne de Moor > Dear all, I suggest we decide in favour of the further changes to section 1.7 proposed by IBM (see the enclosed short snippet) in our meeting this afternoon. As you can see the changes are quite small and should be easily acceptable by EIT ICT Labs also -- hopefully Willem and/or Martti will still have the chance to comment this afternoon. talk to you soon, Mikko From: Riepula Mikko > Subject: Re: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 28 May 2012 11:04:03 EEST To: "SB at fi-ppp.eu" > Cc: "Arian.ZWEGERS at ec.europa.eu" >, Markkanen Anna >, Willem Jonker >, Martti M?ntyl? > Dear all, After one more round with EIT ICT Labs we came up with the enclosed, simplified version of the MoC. (For example, the Annex was removed altogether, and some other redundancy removed.) This is a version that EIT ICT Labs fully supports, and I'm hoping that we can say the same on our side. The process and the targeted dates are still as in the original cover letter (also attached). Coordinators, if you could please send me the missing feedback from your projects for aggregation -- the recent changes have hardly been such that they would make anyone change their mind. If, in the next SB, we could not conclude with a clear green light for it, then it might all be too late. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 16 May 2012, at 18:52, Mikko Riepula wrote: Dear all, dear project Coordinators in particular, Enclosed you will find a version of the Memorandum of Collaboration for further distribution to your consortium members. (The same was just sent with the invitation and agenda to the 30-May SB Meeting). Please can you read the cover letter and highlight the importance of this within your consortia. In line with the requests of the Commission, we would then expect fairly definite stances by all partners -- collected by Coordinators into a single free-form document insofar as possible -- by May 26th. Given the easy nature of the text -- it looks very serious and legal at places but it is not much asked to sign it -- I'd sincerely hope we can make it. EIT ICT Lab's Chief Strategy Officer Prof. Dr. Martti M?ntyl? has promised to come and join us in person for our meeting in Helsinki during agenda point #9 dealing with the matter, to answer any questions on their behalf. (Furthermore, as many of you are aware, EIT ICT Lab's CEO Prof. Dr. Willem Jonker is also an elected member of our Advisory Board.) Furthermore the gentlemen from the Commission in Cc are surely willing to share views on the matter. In line with our decision-making structure and as many would be quick to point out, the SB will not strictly speaking need to take a definite stance on this but, as the Commission has expressed earlier, it would definitely be a good opportunity for showing that we can. Of course we'll make sure that everyone can feel safe with the formulations in the meeting minutes, along the lines of "the Meeting decided in favour of recommending the FI PPP beneficiaries to become parties to the proposed MoC in light of the risk-free nature of the MoC," so that no-one needs to feel he/she would be exceeding his/her powers or the powers vested in the SB. We'll discuss this in detail on May 30th, but please do take action now for getting the feedback in time for our meeting. Please do not wait till the SB meeting for discussing this with any parties you may feel are affected in your context, but come prepared and enlightened to the meeting, empowered by and with the mandate to represent the interests of your project. Kind regards, Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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 _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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 tara.macmahon at intel.com Fri Jun 8 19:07:29 2012 From: tara.macmahon at intel.com (Macmahon, Tara) Date: Fri, 8 Jun 2012 17:07:29 +0000 Subject: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARYSPECIFICATIONS In-Reply-To: <843DA8228A1BA74CA31FB4E111A5C462025F9AB4@ftrdmel0.rd.francetelecom.fr> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DAE60C7@EXCLU2K7.hi.inet> <843DA8228A1BA74CA31FB4E111A5C462025AC01B@ftrdmel0.rd.francetelecom.fr> <843DA8228A1BA74CA31FB4E111A5C462025F9AB4@ftrdmel0.rd.francetelecom.fr> Message-ID: HI all Thank you for all your emails. I am OOO until next Thursday, but will consult with Intel IP attorney and give the Intel response early w/c 18 June. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of robert.sarrazin at orange.com Sent: Tuesday, June 05, 2012 11:32 AM To: jonas.heitto at alcatel-lucent.com; lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc: valerie.hamelin at orange.com; thierry.nagellen at orange.com; serge.raes at orange.com Subject: Re: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARYSPECIFICATIONS Dear Luis , Jonas and all, Thank you Jonas for your valuable contribution concerning the licence provisions . After internal examination we mainly share your wiews . For clarification purposes , we suggest a modification of ? 3 "Patent License " (1 ) as follows ( underlined ) : 1) "GES Essential Patents" shall mean patents and patent applications with priority date not later than the first public disclosure of the GES which are necessarily and unavoidably infringed by any implementation fully compliant with the GES in its unmodified form, and which are owned by any of the FI-WARE Project Partners and can be licensed by the same without any obligation to seek consent of or compensate or otherwise account to a third party. We hope that this can be acceptable . Best regards ________________________________ De : Heitto, Jonas (Jonas) [mailto:jonas.heitto at alcatel-lucent.com] Envoy? : mercredi 23 mai 2012 22:52 ? : SARRAZIN Robert DJ-DJ-ISS; lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc : NAGELLEN Thierry RD-BIZZ-SOP Objet : RE: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARYSPECIFICATIONS Dear Luis, thank you for the valuable draft declaration. I think that the license grants need to be further clarified. I would like to distinguish between copyright and patent licenses. The patent licenses should be either completely disclaimed, or in case there is a common understanding that we are obliged to grant patent licenses, then they should be limited along the lines indicated in the attached. Please note that this language is for discussion purposes only, and only addresses the license provisions in Sections 1 to 3. Please let me know what you think - 1. Use Of Specification - Terms, Conditions & Notices The material in this document details a FI-WARE Generic Enabler Specification ("GES") in accordance with the terms, conditions and notices set forth below. This document does not represent a commitment to implement any portion of this specification in any company's products. The information contained in this document is subject to change without notice. 2. Copyright License Each of the FI-WARE Project Partners hereby grants you a personal, nonexclusive, non transferable, non sub-licensable, royalty-free, paid up, worldwide license, under its respective copyrights incorporated in the GES, to copy and display the GES and to create derivative works thereof, solely for the purposes of developing derivative specifications of the GES and developing and commercializing software implementations conforming to the GES. 3. Patent License (1) "GES Essential Patents" shall mean patents and patent applications with priority date not later than the first public disclosure of the GES, the subject-matter of which is disclosed by the GES in their unmodified form, which are necessarily and unavoidably infringed by any implementation of the GES and which are owned by any of the FI-WARE Project Partners and can be licensed by the same without any obligation to seek consent of or compensate or otherwise account to a third party. (2) Each of the FI-WARE Project Partners hereby grant you a personal, nonexclusive, non transferable, non sub-licensable, royalty-free, paid up, worldwide license, under their respective GES Essential Patents, to make, use and sell software implementations conforming to the GES. (3) Each of the FI-WARE Project Partners reserve their right to request the payment of royalties, or to seek any other remedy under applicable law, with respect to any patents other than GES Essential Patents, or for any use of the GES Essential Patents not falling under (2). (4) The FI-WARE Project Partners shall not be responsible for identifying patents for which a license may be required in the course of implementing any of the GES, or for conducting legal inquiries into the legal validity or scope of those patents that are brought to its attention. The GES are prospective and advisory only. Prospective users are responsible for protecting themselves against liability for infringement of patents. Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of robert.sarrazin at orange.com Sent: Mittwoch, 23. Mai 2012 18:46 To: lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc: thierry.nagellen at orange.com Subject: Re: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear luis and all, In addition to my previous comments below, I think it should be useful ( to avoid any misunderstanding ) to add at the end of Section " License " the following wording: " For avoidance of doubt, the rights granted are only those expressly stated in this Section . No other rights of any kind are granted by implication, waiver, or otherwise " Best regards ________________________________ De : SARRAZIN Robert DJ-DJ-ISS Envoy? : mardi 22 mai 2012 18:55 ? : 'LUIS GARCIA GARCIA'; fiware-legal at lists.fi-ware.eu Cc : NAGELLEN Thierry RD-BIZZ-SOP Objet : RE: [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear Luis and all, Please find below somme first comments on my side . - Concerning the Section " General Use Restrictions " I wonder if there is a possible contradiction between the second sentence beginning : " No part of this work .. " and the terms of the License granted ( In the Section " License " ) Is it intended to allow a copy of the specification itself ( as per License terms ) but not a part of this specification , without the permission of the copyright owner( s) ( according to the second sentence of " General Use Restrictions" ) ? -Concerning the first para, second sentence of Section " Disclaimer of Warranty " I suggest to complete it as follows: THE FI-WARE PARTNER MAKE NO WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, WITH REGARD TO THIS PUBLICATION, INCLUDING BUT NOT LIMITED TO ANY WARRANTY OF TITLE OR OWNERSHIP, WARRANTY OF NON INFRINGEMENT OF THIRD PARTY RIGHTS, IMPLIED WARRANTY OF MERCHANTABILITY OR WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE OR USE. Best regards ________________________________ De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : jeudi 17 mai 2012 10:43 ? : fiware-legal at lists.fi-ware.eu Objet : [Fiware-legal] FI-WARE LEGAL TERMS FOR PRELIMINARY SPECIFICATIONS Dear all, We?ve prepared the applicable terms for the preliminary specifications that are now published in FI-WARE. http://forge.fi-ware.eu/plugins/mediawiki/wiki/fiware/index.php/FI-WARE_Open_Specifications_Legal_Notice#Copyright_Information We understand that these terms and conditions are in line with clause 4.1 of the CA. Notwithstanding, we invite you to send us your comments/ inputs in order to prepare the final version of these terms. This final version will be applicable to the final FI-WARE specifications. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.gif at 01CD45A1.9109C440] ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.gif Type: image/gif Size: 4903 bytes Desc: image001.gif URL: From lgg at tid.es Mon Jun 18 08:30:19 2012 From: lgg at tid.es (LUIS GARCIA GARCIA) Date: Mon, 18 Jun 2012 08:30:19 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. Message-ID: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC2700C@EXCLU2K7.hi.inet> Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image002.png at 01CD4D2C.98156090] ________________________________ 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: image002.png Type: image/png Size: 23732 bytes Desc: image002.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice 18th june.doc Type: application/msword Size: 41472 bytes Desc: fi-ware Legal notice 18th june.doc URL: From irene.glueck-otte at siemens.com Mon Jun 18 16:24:23 2012 From: irene.glueck-otte at siemens.com (Glueck-Otte, Irene) Date: Mon, 18 Jun 2012 16:24:23 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC2700C@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC2700C@EXCLU2K7.hi.inet> Message-ID: <29312CB016E934488C4DB0BA722E848D065E90B61A@DEMCHP99E34MSX.ww902.siemens.net> Dear Luis, I was out of the office last week and could not following the discussion about the licensing of FI-WARE Generic Enablers Specification in Detail which seems to run already for a certain amount of time. In principle we can follow your proposal. However we doubt whether the licensing rules as set out under 3. and 4. only refer to Foreground (which would be okay) or as well to Background or Sideground. As I am informed the the respective Sotware contains Foreground elements and Background elements, and it is not excluded that the use of Foreground under this license requires a license on Background/Sideground patents. We appreciate the royalty-free licensing of Foreground which is in line with our promise towards the EU Commission. However we regard is as a problem to license Background and Sideground (which has been created by the owners without any funding) on a royalty-free basis. I am not sure whether I have understood the proposal in the right way, but for me a clear distinction between Foreground on the one hand and Background/Sideground on the other hand is missing. Mit freundlichen Gr??en Irene Gl?ck-Otte Siemens AG Corporate Legal and Compliance CL CS CU CT&IP Otto-Hahn-Ring 6 81739 M?nchen, Deutschland Tel.: +49 89 636-33276 Fax: +49 89 636-50441 Mobil: +49 1522 2797796 mailto:irene.glueck-otte at siemens.com Siemens Aktiengesellschaft: Vorsitzender des Aufsichtsrats: Gerhard Cromme; Vorstand: Peter L?scher, Vorsitzender; Roland Busch, Brigitte Ederer, Klaus Helmrich, Joe Kaeser, Barbara Kux, Hermann Requardt, Siegfried Russwurm, Peter Y. Solmssen, Michael S??; Sitz der Gesellschaft: Berlin und M?nchen, Deutschland; Registergericht: Berlin Charlottenburg, HRB 12300, M?nchen, HRB 6684; WEEE-Reg.-Nr. DE 23691322 ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Monday, June 18, 2012 8:30 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:756501114 at 18062012-0EB8] ________________________________ 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: image002.png Type: image/png Size: 23732 bytes Desc: image002.png URL: From jdps at tid.es Mon Jun 18 16:32:01 2012 From: jdps at tid.es (JAVIER DE PEDRO SANCHEZ) Date: Mon, 18 Jun 2012 16:32:01 +0200 Subject: [Fiware-legal] [Subsidies] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs In-Reply-To: <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> References: <739A87E5-BFAA-4D2C-B195-853B34E2D363@tid.es> <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> Message-ID: <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083A1B@EXCLU2K7.hi.inet> Dear all. Thank you if you have sent your signed copy of MoC to us. However, there are still missing scanned copies: ? IBM-IL ? IBM-CH ? THALES ? TI ? TRDF ? EAB ? ENG ? ALU-I ? INTEL ? NEC ? FRAUNHOFER ? UDE ? UNIROMA1 ? UNIS Please I kindly ask you to proceed urgently. Thank you in advance. BR Javier. De: subsidies-bounces at tid.es [mailto:subsidies-bounces at tid.es] En nombre de JAVIER DE PEDRO SANCHEZ Enviado el: martes, 05 de junio de 2012 23:04 Para: 'fiware-legal at lists.fi-ware.eu'; fiware-administrative at lists.fi-ware.eu CC: JOSE JIMENEZ DELGADO; subsidies at tid.es; LUIS GARCIA GARCIA Asunto: [Subsidies] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all As Coordinator TID has to keep track of the situation of the signed MoC of each partner of FI-WARE partner. I kindly ask you to send the electronic version of your signed MoC to us. (The original has to be sent to CONCORD directly). We only need a scanned copy. Thank you very much. BR Javier. De: fiware-ga-bounces at lists.fi-ware.eu [mailto:fiware-ga-bounces at lists.fi-ware.eu] En nombre de JOSE JIMENEZ DELGADO Enviado el: lunes, 04 de junio de 2012 14:50 Para: fiware-pcc; fiware-ga at lists.fi-ware.eu CC: LUIS GARCIA GARCIA Asunto: [Fiware-ga] Fwd: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs As indicated -- Jose Jimenez De: "Riepula Mikko" > Para: "SB at fi-ppp.eu" > Cc: "Markkanen Anna" >, "Judith Pertejo Lopez (jpertejo at isdefe.es)" >, "Arian.ZWEGERS at ec.europa.eu" >, "Willem Jonker" >, "Elio Salvadori" >, "Le Pannerer Yves-Marie" >, "Martti M?ntyl?" > Asunto: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all, and Project Coordinators in particular, Please circulate the enclosed to all organisations within your consortia. I'd be obliged if we got a significant majority of the signatures by June 18th. First and foremost don't forget to act within your own organisation and set a good example! The cover letter says it all about the process. If any questions still, please turn to Anna Markkanen here at Aalto. Kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 31 May 2012, at 16:46, Riepula Mikko wrote: Dear All, Please find attached the minutes along with the Appendices 2-4. (...v6 clean.pdf = Appendix 4.) A further execution version of the EIT ICT Labs MoC will be distributed very very soon, but there will no more content changes. There were also a few other decisions and action points in the meeting, so please read through. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) Begin forwarded message: From: Riepula Mikko > Subject: Fwd: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 30 May 2012 12:27:09 EEST To: "SB at fi-ppp.eu" > Cc: "Peter.Fatelnig at ec.europa.eu> (INFSO)" >, Willem Jonker >, Martti M?ntyl? >, Markkanen Anna >, Anne de Moor > Dear all, I suggest we decide in favour of the further changes to section 1.7 proposed by IBM (see the enclosed short snippet) in our meeting this afternoon. As you can see the changes are quite small and should be easily acceptable by EIT ICT Labs also -- hopefully Willem and/or Martti will still have the chance to comment this afternoon. talk to you soon, Mikko From: Riepula Mikko > Subject: Re: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 28 May 2012 11:04:03 EEST To: "SB at fi-ppp.eu" > Cc: "Arian.ZWEGERS at ec.europa.eu" >, Markkanen Anna >, Willem Jonker >, Martti M?ntyl? > Dear all, After one more round with EIT ICT Labs we came up with the enclosed, simplified version of the MoC. (For example, the Annex was removed altogether, and some other redundancy removed.) This is a version that EIT ICT Labs fully supports, and I'm hoping that we can say the same on our side. The process and the targeted dates are still as in the original cover letter (also attached). Coordinators, if you could please send me the missing feedback from your projects for aggregation -- the recent changes have hardly been such that they would make anyone change their mind. If, in the next SB, we could not conclude with a clear green light for it, then it might all be too late. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 16 May 2012, at 18:52, Mikko Riepula wrote: Dear all, dear project Coordinators in particular, Enclosed you will find a version of the Memorandum of Collaboration for further distribution to your consortium members. (The same was just sent with the invitation and agenda to the 30-May SB Meeting). Please can you read the cover letter and highlight the importance of this within your consortia. In line with the requests of the Commission, we would then expect fairly definite stances by all partners -- collected by Coordinators into a single free-form document insofar as possible -- by May 26th. Given the easy nature of the text -- it looks very serious and legal at places but it is not much asked to sign it -- I'd sincerely hope we can make it. EIT ICT Lab's Chief Strategy Officer Prof. Dr. Martti M?ntyl? has promised to come and join us in person for our meeting in Helsinki during agenda point #9 dealing with the matter, to answer any questions on their behalf. (Furthermore, as many of you are aware, EIT ICT Lab's CEO Prof. Dr. Willem Jonker is also an elected member of our Advisory Board.) Furthermore the gentlemen from the Commission in Cc are surely willing to share views on the matter. In line with our decision-making structure and as many would be quick to point out, the SB will not strictly speaking need to take a definite stance on this but, as the Commission has expressed earlier, it would definitely be a good opportunity for showing that we can. Of course we'll make sure that everyone can feel safe with the formulations in the meeting minutes, along the lines of "the Meeting decided in favour of recommending the FI PPP beneficiaries to become parties to the proposed MoC in light of the risk-free nature of the MoC," so that no-one needs to feel he/she would be exceeding his/her powers or the powers vested in the SB. We'll discuss this in detail on May 30th, but please do take action now for getting the feedback in time for our meeting. Please do not wait till the SB meeting for discussing this with any parties you may feel are affected in your context, but come prepared and enlightened to the meeting, empowered by and with the mandate to represent the interests of your project. Kind regards, Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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 _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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. 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Name: MoC EIT ICT Labs and FI PPP v6.1.1 clean.doc Type: application/msword Size: 416768 bytes Desc: MoC EIT ICT Labs and FI PPP v6.1.1 clean.doc URL: From SUZANNE at il.ibm.com Mon Jun 18 16:42:23 2012 From: SUZANNE at il.ibm.com (Suzanne Erez) Date: Mon, 18 Jun 2012 17:42:23 +0300 Subject: [Fiware-legal] Fw: FIGARE GES LEGAL NOTICE. Message-ID: Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel:? 972-4-829-6069? Fax:? 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA To: fiware-legal at lists.fi-ware.eu CC: PILAR PLASENCIA MAESO , JUAN JOSE HIERRO SUREDA , JOSE JIMENEZ DELGADO Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) -------------- next part -------------- A non-text attachment was scrubbed... Name: attw4e4x.dat Type: application/octet-stream Size: 23732 bytes Desc: not available URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice 18th june.doc Type: application/msword Size: 41472 bytes Desc: not available URL: From jonas.heitto at alcatel-lucent.com Mon Jun 18 21:20:31 2012 From: jonas.heitto at alcatel-lucent.com (Heitto, Jonas (Jonas)) Date: Mon, 18 Jun 2012 21:20:31 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <29312CB016E934488C4DB0BA722E848D065E90B61A@DEMCHP99E34MSX.ww902.siemens.net> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC2700C@EXCLU2K7.hi.inet> <29312CB016E934488C4DB0BA722E848D065E90B61A@DEMCHP99E34MSX.ww902.siemens.net> Message-ID: I think Irene's point is valid and that the current wording would benefit from a clarification to the effect that background and sideground patents are not included in the license grant. Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: Glueck-Otte, Irene [mailto:irene.glueck-otte at siemens.com] Sent: Montag, 18. Juni 2012 16:24 To: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO; Heitto, Jonas (Jonas); Amon, Peter Subject: RE: FIGARE GES LEGAL NOTICE. Dear Luis, I was out of the office last week and could not following the discussion about the licensing of FI-WARE Generic Enablers Specification in Detail which seems to run already for a certain amount of time. In principle we can follow your proposal. However we doubt whether the licensing rules as set out under 3. and 4. only refer to Foreground (which would be okay) or as well to Background or Sideground. As I am informed the the respective Sotware contains Foreground elements and Background elements, and it is not excluded that the use of Foreground under this license requires a license on Background/Sideground patents. We appreciate the royalty-free licensing of Foreground which is in line with our promise towards the EU Commission. However we regard is as a problem to license Background and Sideground (which has been created by the owners without any funding) on a royalty-free basis. I am not sure whether I have understood the proposal in the right way, but for me a clear distinction between Foreground on the one hand and Background/Sideground on the other hand is missing. Mit freundlichen Gr??en Irene Gl?ck-Otte Siemens AG Corporate Legal and Compliance CL CS CU CT&IP Otto-Hahn-Ring 6 81739 M?nchen, Deutschland Tel.: +49 89 636-33276 Fax: +49 89 636-50441 Mobil: +49 1522 2797796 mailto:irene.glueck-otte at siemens.com Siemens Aktiengesellschaft: Vorsitzender des Aufsichtsrats: Gerhard Cromme; Vorstand: Peter L?scher, Vorsitzender; Roland Busch, Brigitte Ederer, Klaus Helmrich, Joe Kaeser, Barbara Kux, Hermann Requardt, Siegfried Russwurm, Peter Y. Solmssen, Michael S??; Sitz der Gesellschaft: Berlin und M?nchen, Deutschland; Registergericht: Berlin Charlottenburg, HRB 12300, M?nchen, HRB 6684; WEEE-Reg.-Nr. DE 23691322 ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Monday, June 18, 2012 8:30 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image002.gif at 01CD4D98.30A9BB10] ________________________________ 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: image002.gif Type: image/gif Size: 4906 bytes Desc: image002.gif URL: From lgg at tid.es Tue Jun 19 08:30:41 2012 From: lgg at tid.es (LUIS GARCIA GARCIA) Date: Tue, 19 Jun 2012 08:30:41 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: References: Message-ID: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: ?Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis.? From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: ? Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. ? Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these ?essential claims? but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA To: fiware-legal at lists.fi-ware.eu CC: PILAR PLASENCIA MAESO , JUAN JOSE HIERRO SUREDA , JOSE JIMENEZ DELGADO Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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... 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Name: ATT61488 1.jpg Type: image/jpeg Size: 4050 bytes Desc: ATT61488 1.jpg URL: From giampaoletti at dis.uniroma1.it Tue Jun 19 09:26:49 2012 From: giampaoletti at dis.uniroma1.it (Sabrina Giampaoletti) Date: Tue, 19 Jun 2012 09:26:49 +0200 Subject: [Fiware-legal] R: [Fiware-administrative] [Subsidies] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs In-Reply-To: <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083A1B@EXCLU2K7.hi.inet> References: <739A87E5-BFAA-4D2C-B195-853B34E2D363@tid.es> <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083191@EXCLU2K7.hi.inet> <8EE61BA0CAEDBD4E9DA928D1206463D2E0D7083A1B@EXCLU2K7.hi.inet> Message-ID: <003001cd4dec$e4d690a0$ae83b1e0$@dis.uniroma1.it> Dear Javier, UNIROMA1 sent the paper copy as well; please refer to the enclosed message. Kind regards Sabrina _____________________________________________ Sabrina Giampaoletti Universit? degli Studi di Roma La Sapienza Dipartimento di Ingegneria informatica automatica e gestionale ?Antonio Ruberti? Via Ariosto 25 00185 Rome Tel. +39 06 77274124 ? 35124 Fax +39 06 77274131 ? 35131 Da: fiware-administrative-bounces at lists.fi-ware.eu [mailto:fiware-administrative-bounces at lists.fi-ware.eu] Per conto di JAVIER DE PEDRO SANCHEZ Inviato: luned? 18 giugno 2012 16:32 A: 'fiware-legal at lists.fi-ware.eu'; fiware-administrative at lists.fi-ware.eu Cc: LUIS GARCIA GARCIA Oggetto: Re: [Fiware-administrative] [Subsidies] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all. Thank you if you have sent your signed copy of MoC to us. However, there are still missing scanned copies: ? IBM-IL ? IBM-CH ? THALES ? TI ? TRDF ? EAB ? ENG ? ALU-I ? INTEL ? NEC ? FRAUNHOFER ? UDE ? UNIROMA1 ? UNIS Please I kindly ask you to proceed urgently. Thank you in advance. BR Javier. De: subsidies-bounces at tid.es [mailto:subsidies-bounces at tid.es] En nombre de JAVIER DE PEDRO SANCHEZ Enviado el: martes, 05 de junio de 2012 23:04 Para: 'fiware-legal at lists.fi-ware.eu'; fiware-administrative at lists.fi-ware.eu CC: JOSE JIMENEZ DELGADO; subsidies at tid.es; LUIS GARCIA GARCIA Asunto: [Subsidies] [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all As Coordinator TID has to keep track of the situation of the signed MoC of each partner of FI-WARE partner. I kindly ask you to send the electronic version of your signed MoC to us. (The original has to be sent to CONCORD directly). We only need a scanned copy. Thank you very much. BR Javier. De: fiware-ga-bounces at lists.fi-ware.eu [mailto:fiware-ga-bounces at lists.fi-ware.eu] En nombre de JOSE JIMENEZ DELGADO Enviado el: lunes, 04 de junio de 2012 14:50 Para: fiware-pcc; fiware-ga at lists.fi-ware.eu CC: LUIS GARCIA GARCIA Asunto: [Fiware-ga] Fwd: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs As indicated -- Jose Jimenez De: "Riepula Mikko" < Mikko.Riepula at aalto.fi> Para: " SB at fi-ppp.eu" < SB at fi-ppp.eu> Cc: "Markkanen Anna" < anna.markkanen at aalto.fi>, "Judith Pertejo Lopez ( jpertejo at isdefe.es)" < jpertejo at isdefe.es>, " Arian.ZWEGERS at ec.europa.eu" < Arian.ZWEGERS at ec.europa.eu>, "Willem Jonker" < willem.jonker at ictlabs.eu>, "Elio Salvadori" < elio.salvadori at create-net.org>, "Le Pannerer Yves-Marie" < yves-marie.le-pannerer at technicolor.com>, "Martti M?ntyl?" < mam at ictlabs.eu> Asunto: [FI-PPP SB] Now Signing: Memorandum of Collaboration between FI PPP and EIT ICT Labs Dear all, and Project Coordinators in particular, Please circulate the enclosed to all organisations within your consortia. I'd be obliged if we got a significant majority of the signatures by June 18th. First and foremost don't forget to act within your own organisation and set a good example! The cover letter says it all about the process. If any questions still, please turn to Anna Markkanen here at Aalto. Kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 31 May 2012, at 16:46, Riepula Mikko wrote: Dear All, Please find attached the minutes along with the Appendices 2-4. (...v6 clean.pdf = Appendix 4.) A further execution version of the EIT ICT Labs MoC will be distributed very very soon, but there will no more content changes. There were also a few other decisions and action points in the meeting, so please read through. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) Begin forwarded message: From: Riepula Mikko > Subject: Fwd: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 30 May 2012 12:27:09 EEST To: "SB at fi-ppp.eu" > Cc: "Peter.Fatelnig at ec.europa.eu> (INFSO)" >, Willem Jonker >, Martti M?ntyl? >, Markkanen Anna >, Anne de Moor > Dear all, I suggest we decide in favour of the further changes to section 1.7 proposed by IBM (see the enclosed short snippet) in our meeting this afternoon. As you can see the changes are quite small and should be easily acceptable by EIT ICT Labs also -- hopefully Willem and/or Martti will still have the chance to comment this afternoon. talk to you soon, Mikko From: Riepula Mikko > Subject: Re: [FI-PPP SB] Memorandum of Collaboration between FI PPP and EIT ICT Labs Date: 28 May 2012 11:04:03 EEST To: "SB at fi-ppp.eu" > Cc: "Arian.ZWEGERS at ec.europa.eu" >, Markkanen Anna >, Willem Jonker >, Martti M?ntyl? > Dear all, After one more round with EIT ICT Labs we came up with the enclosed, simplified version of the MoC. (For example, the Annex was removed altogether, and some other redundancy removed.) This is a version that EIT ICT Labs fully supports, and I'm hoping that we can say the same on our side. The process and the targeted dates are still as in the original cover letter (also attached). Coordinators, if you could please send me the missing feedback from your projects for aggregation -- the recent changes have hardly been such that they would make anyone change their mind. If, in the next SB, we could not conclude with a clear green light for it, then it might all be too late. kind regards, Mikko Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) On 16 May 2012, at 18:52, Mikko Riepula wrote: Dear all, dear project Coordinators in particular, Enclosed you will find a version of the Memorandum of Collaboration for further distribution to your consortium members. (The same was just sent with the invitation and agenda to the 30-May SB Meeting). Please can you read the cover letter and highlight the importance of this within your consortia. In line with the requests of the Commission, we would then expect fairly definite stances by all partners -- collected by Coordinators into a single free-form document insofar as possible -- by May 26th. Given the easy nature of the text -- it looks very serious and legal at places but it is not much asked to sign it -- I'd sincerely hope we can make it. EIT ICT Lab's Chief Strategy Officer Prof. Dr. Martti M?ntyl? has promised to come and join us in person for our meeting in Helsinki during agenda point #9 dealing with the matter, to answer any questions on their behalf. (Furthermore, as many of you are aware, EIT ICT Lab's CEO Prof. Dr. Willem Jonker is also an elected member of our Advisory Board.) Furthermore the gentlemen from the Commission in Cc are surely willing to share views on the matter. In line with our decision-making structure and as many would be quick to point out, the SB will not strictly speaking need to take a definite stance on this but, as the Commission has expressed earlier, it would definitely be a good opportunity for showing that we can. Of course we'll make sure that everyone can feel safe with the formulations in the meeting minutes, along the lines of "the Meeting decided in favour of recommending the FI PPP beneficiaries to become parties to the proposed MoC in light of the risk-free nature of the MoC," so that no-one needs to feel he/she would be exceeding his/her powers or the powers vested in the SB. We'll discuss this in detail on May 30th, but please do take action now for getting the feedback in time for our meeting. Please do not wait till the SB meeting for discussing this with any parties you may feel are affected in your context, but come prepared and enlightened to the meeting, empowered by and with the mandate to represent the interests of your project. Kind regards, Mr. Mikko Riepula, MSc (Tech) Project Manager, CONCORD Center for Knowledge and Innovation Research (CKIR) Aalto University Fredrikinkatu 48 00100 Helsinki Finland tel: +358 50 3837378 (mobile) _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb ________________________________ 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 _______________________________________________ Sb mailing list Sb at fi-ppp.eu http://lists.fi-ppp.eu/mailman/listinfo/sb _____ 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 -------------- An embedded message was scrubbed... From: "Ndansi Heidi" Subject: RE: FI PPP MoC Date: Wed, 13 Jun 2012 12:42:37 +0200 Size: 10622 URL: From tara.macmahon at intel.com Tue Jun 19 10:05:31 2012 From: tara.macmahon at intel.com (Macmahon, Tara) Date: Tue, 19 Jun 2012 08:05:31 +0000 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: Dear Luis The Intel IP attorney working on this is based in the US. I will not have an opportunity to check your new proposal with her until tonight. As of last night, Intel?s comments were: Intel agrees with the comments from Irene Gl?ck-Otte of Siemens AG. Language is needed in the Agreement to clarify two issues: i. Irene?s point, that the grant of a royalty-free license under copyrights and patents is only to the Foreground generated under the FP7 grant and not to a license to any copyrights and patents under any Background and Sideground; and ii. that the licensed granted under copyrights and patents is only for the Foreground contribution by the individual participant and not covering the contributions made by others in the consortium. I will revert with any additional comments from Intel tomorrow morning. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Tuesday, June 19, 2012 7:31 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: ?Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis.? From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: ? Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. ? Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these ?essential claims? but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4DFA.AC310970] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA > To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 4050 bytes Desc: image001.jpg URL: From nils-ivar.tjernberg at ericsson.com Tue Jun 19 10:09:11 2012 From: nils-ivar.tjernberg at ericsson.com (Nils-Ivar Tjernberg) Date: Tue, 19 Jun 2012 10:09:11 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC2700C@EXCLU2K7.hi.inet> <29312CB016E934488C4DB0BA722E848D065E90B61A@DEMCHP99E34MSX.ww902.siemens.net> Message-ID: Dear Luis, Ericsson also strongly supports Irene's points. Best regards Nils-Ivar NILS-IVAR TJERNBERG M.Sc. Swedish Authorized IP Attorney Ericsson AB Licensing and Patent Development Torshamnsgatan 21-23 164 80 Stockholm, Sweden Phone +46 10 7136545 Fax +46 10 7175695 SMS/MMS +46 730311605 nils-ivar.tjernberg at ericsson.com www.ericsson.com [cid:317270208 at 19062012-28F5] This Communication is Confidential. We only send and receive email on the basis of the term set out at www.ericsson.com/email_disclaime ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Heitto, Jonas (Jonas) Sent: den 18 juni 2012 21:21 To: Glueck-Otte, Irene; LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: Amon, Peter; JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. I think Irene's point is valid and that the current wording would benefit from a clarification to the effect that background and sideground patents are not included in the license grant. Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: Glueck-Otte, Irene [mailto:irene.glueck-otte at siemens.com] Sent: Montag, 18. Juni 2012 16:24 To: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO; Heitto, Jonas (Jonas); Amon, Peter Subject: RE: FIGARE GES LEGAL NOTICE. Dear Luis, I was out of the office last week and could not following the discussion about the licensing of FI-WARE Generic Enablers Specification in Detail which seems to run already for a certain amount of time. In principle we can follow your proposal. However we doubt whether the licensing rules as set out under 3. and 4. only refer to Foreground (which would be okay) or as well to Background or Sideground. As I am informed the the respective Sotware contains Foreground elements and Background elements, and it is not excluded that the use of Foreground under this license requires a license on Background/Sideground patents. We appreciate the royalty-free licensing of Foreground which is in line with our promise towards the EU Commission. However we regard is as a problem to license Background and Sideground (which has been created by the owners without any funding) on a royalty-free basis. I am not sure whether I have understood the proposal in the right way, but for me a clear distinction between Foreground on the one hand and Background/Sideground on the other hand is missing. Mit freundlichen Gr??en Irene Gl?ck-Otte Siemens AG Corporate Legal and Compliance CL CS CU CT&IP Otto-Hahn-Ring 6 81739 M?nchen, Deutschland Tel.: +49 89 636-33276 Fax: +49 89 636-50441 Mobil: +49 1522 2797796 mailto:irene.glueck-otte at siemens.com Siemens Aktiengesellschaft: Vorsitzender des Aufsichtsrats: Gerhard Cromme; Vorstand: Peter L?scher, Vorsitzender; Roland Busch, Brigitte Ederer, Klaus Helmrich, Joe Kaeser, Barbara Kux, Hermann Requardt, Siegfried Russwurm, Peter Y. Solmssen, Michael S??; Sitz der Gesellschaft: Berlin und M?nchen, Deutschland; Registergericht: Berlin Charlottenburg, HRB 12300, M?nchen, HRB 6684; WEEE-Reg.-Nr. DE 23691322 ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Monday, June 18, 2012 8:30 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:317270208 at 19062012-28FC] ________________________________ 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: image002.gif Type: image/gif Size: 2327 bytes Desc: image002.gif URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.gif Type: image/gif Size: 4906 bytes Desc: image002.gif URL: From robert.sarrazin at orange.com Tue Jun 19 10:28:34 2012 From: robert.sarrazin at orange.com (robert.sarrazin at orange.com) Date: Tue, 19 Jun 2012 10:28:34 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. Message-ID: <843DA8228A1BA74CA31FB4E111A5C4620263E37F@ftrdmel0.rd.francetelecom.fr> Deal Luis and all, Thank you again Luis for your constructive work about this topic After internal examination, please find attached some comments from our side concerning your last version , bearing in mind that patent rights should be added in order to allow the use of the spec in fully compliant products implementations Regards De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : lundi 18 juin 2012 08:30 ? : fiware-legal at lists.fi-ware.eu Cc : JOSE JIMENEZ DELGADO Objet : [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) ________________________________ 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: image001.png Type: image/png Size: 23732 bytes Desc: image001.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice FT documents 19th june (2).doc Type: application/msword Size: 36864 bytes Desc: fi-ware Legal notice FT documents 19th june (2).doc URL: From kathrin.schweppe at sap.com Tue Jun 19 10:41:46 2012 From: kathrin.schweppe at sap.com (Schweppe, Kathrin) Date: Tue, 19 Jun 2012 10:41:46 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: <7ED7B27AF3542948BAB7BCD179A7677C1351676F83@DEWDFECCR03.wdf.sap.corp> Dear Luis, dear all, please find attached SAP comments. We unfortunately disagree with Suzanne?s comments, because a clear statement about the included patent rights might create a legal certainty for the End-User. With regard to the requests to include the terms Background and Sideground, we respect Siemens? and Ericsson?s wish to protect Background and Sideground, however, the terms Background and Sideground are closely tied to the Consortium Agreements of EU FP7 Projects and might confuse an End-User. We should not forget, that an End-User is someone, who is not partner in FI-ware or the FI-PPP and therefore is not able to identify Background of a partner. Best regards, Kathrin Kathrin Schweppe, LL.M. Legal Counsel Global Legal SAP AG Dietmar-Hopp-Allee 16 69190 Walldorf, Germany T +49 6227 7-64369 F +49 6227 78-54177 E kathrin.schweppe at sap.com http://www.sap.com Sitz der Gesellschaft/Registered Office: Walldorf, Germany Vorstand/SAP Executive Board: Bill McDermot (Sprecher/Co-CEO), Jim Hagemann Snabe (Sprecher/Co-CEO), Werner Brandt, Gerhard Oswald, Vishal Sikka, Lars Dahlgaard Vorsitzender des Aufsichtsrats/Chairperson of the SAP Supervisory Board: Hasso Plattner Registergericht/Commercial Register Mannheim No HRB 350269 Diese e-mail kann Betriebs- oder Gesch?ftsgeheimnisse, dem Anwaltsgeheimnis unterliegende 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. Prepared by a member of SAP Global Legal. This message and any attachments may contain information that is confidential, private or protected by the attorney-client or other privilege. If you have received this email in error, please delete this message without further copying or distribution and promptly notify me. Thank you for your cooperation. From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Dienstag, 19. Juni 2012 08:31 To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: ?Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis.? From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: ? Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. ? Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these ?essential claims? but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4E06.F4D7DC10] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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: image001.jpg Type: image/jpeg Size: 4050 bytes Desc: image001.jpg URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice 18th june with SAP comments.docx Type: application/vnd.openxmlformats-officedocument.wordprocessingml.document Size: 22691 bytes Desc: fi-ware Legal notice 18th june with SAP comments.docx URL: From tara.macmahon at intel.com Wed Jun 20 09:36:09 2012 From: tara.macmahon at intel.com (Macmahon, Tara) Date: Wed, 20 Jun 2012 07:36:09 +0000 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: Dear all Intel strongly disagrees with June 19th version and cannot agree to it. The definition of Specification Essential Patents and the separate Patent and Copyright licenses need to be reinstated and amended to reflect our earlier comments: i. the grant of a royalty-free license under copyrights and patents is only to the Foreground generated under the FP7 grant and not to a license to any copyrights and patents under any Background and Sideground; and ii. that the licensed granted under copyrights and patents is only for the Foreground contribution by the individual participant and not covering the contributions made by others in the consortium. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Tuesday, June 19, 2012 7:31 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: ?Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis.? From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: ? Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. ? Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these ?essential claims? but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4EBF.BDF89F40] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA > To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 4050 bytes Desc: image001.jpg URL: From jonas.heitto at alcatel-lucent.com Wed Jun 20 16:07:05 2012 From: jonas.heitto at alcatel-lucent.com (Heitto, Jonas (Jonas)) Date: Wed, 20 Jun 2012 16:07:05 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: Dear Tara, all, while I spoke for a similar limitation to foreground only, we could agree to Luis' proposal which effectively excludes any patent license. The remaining license grant in Section 3 is clearly a copyright license and Section 5, 2nd para expressly excludes any other licenses (but the words "in this Section" should be removed as the granted rights are in Section 3 not in Section 5). Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Macmahon, Tara Sent: Mittwoch, 20. Juni 2012 09:36 To: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all Intel strongly disagrees with June 19th version and cannot agree to it. The definition of Specification Essential Patents and the separate Patent and Copyright licenses need to be reinstated and amended to reflect our earlier comments: i. the grant of a royalty-free license under copyrights and patents is only to the Foreground generated under the FP7 grant and not to a license to any copyrights and patents under any Background and Sideground; and ii. that the licensed granted under copyrights and patents is only for the Foreground contribution by the individual participant and not covering the contributions made by others in the consortium. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Tuesday, June 19, 2012 7:31 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: "Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." >From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these "essential claims" but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4EFE.BCA370E0] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA > To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 4050 bytes Desc: image001.jpg URL: From tara.macmahon at intel.com Wed Jun 20 22:08:47 2012 From: tara.macmahon at intel.com (Macmahon, Tara) Date: Wed, 20 Jun 2012 20:08:47 +0000 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: Dear all Could someone clarify what law will govern the legal notice, and whether, under that law, any licence could be implied? Thanks in advance Tara From: Heitto, Jonas (Jonas) [mailto:jonas.heitto at alcatel-lucent.com] Sent: Wednesday, June 20, 2012 3:07 PM To: Macmahon, Tara; LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: RE: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear Tara, all, while I spoke for a similar limitation to foreground only, we could agree to Luis' proposal which effectively excludes any patent license. The remaining license grant in Section 3 is clearly a copyright license and Section 5, 2nd para expressly excludes any other licenses (but the words "in this Section" should be removed as the granted rights are in Section 3 not in Section 5). Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Macmahon, Tara Sent: Mittwoch, 20. Juni 2012 09:36 To: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all Intel strongly disagrees with June 19th version and cannot agree to it. The definition of Specification Essential Patents and the separate Patent and Copyright licenses need to be reinstated and amended to reflect our earlier comments: i. the grant of a royalty-free license under copyrights and patents is only to the Foreground generated under the FP7 grant and not to a license to any copyrights and patents under any Background and Sideground; and ii. that the licensed granted under copyrights and patents is only for the Foreground contribution by the individual participant and not covering the contributions made by others in the consortium. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Tuesday, June 19, 2012 7:31 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: "Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." >From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these "essential claims" but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4F28.E1BF01D0] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA > To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.jpg Type: image/jpeg Size: 4050 bytes Desc: image001.jpg URL: From henk.heijnen at technicolor.com Thu Jun 21 10:34:50 2012 From: henk.heijnen at technicolor.com (Heijnen Henk) Date: Thu, 21 Jun 2012 10:34:50 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: <189C15C1ADF61544BD5A11DCE7D5C500024E5ABC32@MOPESMBX01.eu.thmulti.com> Dear all, Please note that our legal contact is on holidays, he'll be back next Monday (25th). Technicolor will therefore answer only next week. Regards Henk Henk HEIJNEN Manager, Cooperative Projects [cid:image002.jpg at 01CD4F99.7CEF98C0] [cid:image003.png at 01CD4F99.7CEF98C0] Technology & Research Funded & Cooperative Programs 1, Avenue de Belle Fontaine - CS 17616 35576 Cesson-S?vign? cedex - FRANCE T?l: +33 2 99 27 33 08 - GSM: +33 6 72 39 26 24 From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Macmahon, Tara Sent: mercredi 20 juin 2012 22:09 To: Heitto, Jonas (Jonas); LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: Jimenez Jose (Telefonica) Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all Could someone clarify what law will govern the legal notice, and whether, under that law, any licence could be implied? Thanks in advance Tara From: Heitto, Jonas (Jonas) [mailto:jonas.heitto at alcatel-lucent.com] Sent: Wednesday, June 20, 2012 3:07 PM To: Macmahon, Tara; LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: RE: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear Tara, all, while I spoke for a similar limitation to foreground only, we could agree to Luis' proposal which effectively excludes any patent license. The remaining license grant in Section 3 is clearly a copyright license and Section 5, 2nd para expressly excludes any other licenses (but the words "in this Section" should be removed as the granted rights are in Section 3 not in Section 5). Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Macmahon, Tara Sent: Mittwoch, 20. Juni 2012 09:36 To: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all Intel strongly disagrees with June 19th version and cannot agree to it. The definition of Specification Essential Patents and the separate Patent and Copyright licenses need to be reinstated and amended to reflect our earlier comments: i. the grant of a royalty-free license under copyrights and patents is only to the Foreground generated under the FP7 grant and not to a license to any copyrights and patents under any Background and Sideground; and ii. that the licensed granted under copyrights and patents is only for the Foreground contribution by the individual participant and not covering the contributions made by others in the consortium. Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Tuesday, June 19, 2012 7:31 AM To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: "Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." >From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these "essential claims" but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image004.jpg at 01CD4F99.7CEF98C0] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA > To: fiware-legal at lists.fi-ware.eu > CC: PILAR PLASENCIA MAESO >, JUAN JOSE HIERRO SUREDA >, JOSE JIMENEZ DELGADO > Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the "Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) 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(See attached file: attw4e4x.dat)(See attached file: fi-ware Legal notice 18th june.doc) ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image002.jpg Type: image/jpeg Size: 16662 bytes Desc: image002.jpg URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image003.png Type: image/png Size: 2226 bytes Desc: image003.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image004.jpg Type: image/jpeg Size: 4050 bytes Desc: image004.jpg URL: From lgg at tid.es Thu Jun 21 15:45:25 2012 From: lgg at tid.es (LUIS GARCIA GARCIA) Date: Thu, 21 Jun 2012 15:45:25 +0200 Subject: [Fiware-legal] FIWARE LEGAL NOTICE Message-ID: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC274A2@EXCLU2K7.hi.inet> Dear all, Thanks you all for your constructive comments to this Legal Notice. As it is not possible, within this week, to reach an unanimous agreement regarding the content of a unique Legal Notice for all the FIWARE GES, we propose you the following: 1?.- To use the attached Legal Notice that is based on the previous version with minor modifications (I attach a clean copy) As you may see, we have deleted the two paragraphs related to the patent licenses. See explanation bellow. 2?.- Those FI-WARE Partners that, as copyright holders of the relevant FIWARE GES, reasonably and under justified reasons, agree not to use this text, will include the corresponding modifications they may freely decide as owners. In this case, we kindly ask you to minimize the deviation from the original text provided herein. These modifications must always respect what has been agreed in the Grant Agreement and in the Consortium Agreement, specifically in the point explained bellow. 3?.- In parallel - as we still think that a unique text would be highly advisable for all FIWARE GES legal notice - we will retake this conversation in a couple of weeks (From 22th to 29th June I?ll be on holidays) to get one agreed text applicable to all FIWARE GEs. POINTS UNDER DISCUSSIONS 1? LICENSES TO SPECIFICATION ESSENTIAL PATENTS >From our perspective, partners obligations regarding Licenses to Specification Essential Patents, are clear in the FIWARE CA: they must be granted on RF terms even if they affect to BG or SG of the Partners. Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. As most of you can remember, on 22nd August 2011 we closed the CA. In this 22nd version, the text in this clause was exactly the one I?ve copied, but without the yellow marked words. These words were added, after some discussions, in the very final version of 12th September due to the fact that some partners pointed out some risks in the original wording. Let me copy here, a paragraph of an e-mail of Susanne Weikl (NSN) that perfectly reflects these risks we tried to avoid with the new wording (when she spoke about "reciprocity" and "subject to additional conditions or agreement" she?s referring to the first draft of the modification proposed) : "The problematic level is the following: do we have to grant royalty-free licenses to all IPR (including Background!), where a Party uses such IPR when making its own implementation of the Specification? So far the agreement states "yes", provided that it is a "normal implementation". This is e.g. going beyond what is normally requested in standardization, where the obligation to avail IPR is either on FRAND conditions or at least limited to "essential IPR", not "normal IPR". It also goes far beyond what is requested in normal EU projects, where Background only has to be made available under FRAND terms. In this context "reciprocity" is meant as follows: the third parties has to make available its IPRs which would be used in such a "normal implementation" of a Specification. It does not extent to any other product or IPR of such third party. What is avoided thereby is that a Party can use all the specification free of charge and block all the rest of the world from using the specifications, should it have a patent which it essentially needed for the implementation of the Specification. Therefore a clarification as in "For the sake of clarity, Parties signing this CA as well as any other third party, subject to additional conditions or agreement, may develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." is not nonsense, but protects all of us and fully serves the purpose, we want to achieve: an open specification." As you may see, at this stage of the CA modification, we all knew that these Licenses to Specification Essential patents would be granted for free. Let me copy also two more examples of the mails exchanged during those days (Kathrin, Suzanne, I hope you don?t feel uncomfortable because I use here your words..) : IBM: >From the beginning, our understanding was that the Commission requires that the GES be royalty free. This was conveyed to us by Juanjo. Now there is a new request that goes like - we will make the GES royalty free, but only on the condition that the "public" will promise reciprocity. There is nothing wrong business wise in this approach, and I for one am always happy to get other companies patents royalty free. In fact, I would like to get RAND for the GES. But that was not our agreement with the Commission, and we are working according to the Commission's request. We agreed to this condition 10 months ago. I think it is now 10 months too late to start changing the terms. SAP: ? Another point with regard to third party beneficiaries, the DOW states this: "Task 2.3: Consolidation of Generic Enabler Specifications In order to fulfil the FI-WARE promise all Generic Enablers will be accompanied by Open Specifications that will facilitate usage and integration in any FI-WARE Instance as well as the development of compliant implementations of GEs by third parties. While GE Specifications themselves will be done inside WP3-WP10, overall coordination and consolidation of these specifications is the objective and responsibility of this Task. " I assume, if the third party beneficiary does not claim the usage license without reciprocity from the CA, they can claim it from the DOW. I understand it in that way, that we have to make available the Specification under such conditions, that a third party can develop freely an implementation of it. And to be honest, the word Open might give the impression to have even broader rights than just no royalties. I can provide more examples, but I think these are enough. For those lawyers that are new in the "Legal Group" of FIWARE We kindly ask you to check this point with your colleagues. So, once the RF question is clear, for those of you that still prefer to include a paragraph with the License to the Specification Essential Patents, we suggest to include in it the reference to the "Additional Conditions or the Agreement" mentioned in the clause of the CA. For example: Subject to a previous agreement and under certain conditions, each of the FI-WARE Partners, jointly or solely, hereby agrees to grant you, a royalty-free, personal, nonexclusive, non-transferable, non sub-licensable, paid up, worldwide license, under their respective Specification Essential Patents, to make, use sell, offer to sell, and import software implementations utilizing the Specification This is just an example- IMHO if we do not make reference to this in the Legal Notice, it does not imply that we?re automatically grating RF, unconditioned licenses... the possibility of granting these license under an specific conditions or under an agreement still exist. As we told you in a previous mail: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " 2?.- APPLICABLE LAW Some partners have raised the question of which law would be applicable to this legal notice. Our Legal Notice is based on the OMG legal notice and no reference to applicable law is mentioned there. From our perspective, applicable law will be the one decided by the copyright holder/s, that are the owner/s of each specification. A reference to it in this way would be acceptable. OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image002.png at 01CD4FC4.E04D5080] ________________________________ 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: image002.png Type: image/png Size: 23767 bytes Desc: image002.png URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice 21th june.doc Type: application/msword Size: 31232 bytes Desc: fi-ware Legal notice 21th june.doc URL: From robert.sarrazin at orange.com Thu Jun 21 16:28:04 2012 From: robert.sarrazin at orange.com (robert.sarrazin at orange.com) Date: Thu, 21 Jun 2012 16:28:04 +0200 Subject: [Fiware-legal] FIWARE LEGAL NOTICE Message-ID: <843DA8228A1BA74CA31FB4E111A5C4620263E4F6@ftrdmel0.rd.francetelecom.fr> Dear all, ? Thank you again Luis for your proposal . However we think that we need to continue in the near future the discussion in order to solve this issue . Our opinion is that if we delete the two paragraphs inserted in " Patent licences " Section , we do not solve really this issue if the objective is that an user can effectively use the specification published " Regards De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : jeudi 21 juin 2012 15:45 ? : fiware-legal at lists.fi-ware.eu Cc : JOSE JIMENEZ DELGADO Objet : [Fiware-legal] FIWARE LEGAL NOTICE Dear all, Thanks you all for your constructive comments to this Legal Notice. As it is not possible, within this week, to reach an unanimous agreement regarding the content of a unique Legal Notice for all the FIWARE GES, we propose you the following: 1?.- To use the attached Legal Notice that is based on the previous version with minor modifications (I attach a clean copy) As you may see, we have deleted the two paragraphs related to the patent licenses. See explanation bellow. 2?.- Those FI-WARE Partners that, as copyright holders of the relevant FIWARE GES, reasonably and under justified reasons, agree not to use this text, will include the corresponding modifications they may freely decide as owners. In this case, we kindly ask you to minimize the deviation from the original text provided herein. These modifications must always respect what has been agreed in the Grant Agreement and in the Consortium Agreement, specifically in the point explained bellow. 3?.- In parallel - as we still think that a unique text would be highly advisable for all FIWARE GES legal notice - we will retake this conversation in a couple of weeks (From 22th to 29th June I?ll be on holidays) to get one agreed text applicable to all FIWARE GEs. POINTS UNDER DISCUSSIONS 1? LICENSES TO SPECIFICATION ESSENTIAL PATENTS >From our perspective, partners obligations regarding Licenses to Specification Essential Patents, are clear in the FIWARE CA: they must be granted on RF terms even if they affect to BG or SG of the Partners. Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. As most of you can remember, on 22nd August 2011 we closed the CA. In this 22nd version, the text in this clause was exactly the one I?ve copied, but without the yellow marked words. These words were added, after some discussions, in the very final version of 12th September due to the fact that some partners pointed out some risks in the original wording. Let me copy here, a paragraph of an e-mail of Susanne Weikl (NSN) that perfectly reflects these risks we tried to avoid with the new wording (when she spoke about "reciprocity" and "subject to additional conditions or agreement" she?s referring to the first draft of the modification proposed) : "The problematic level is the following: do we have to grant royalty-free licenses to all IPR (including Background!), where a Party uses such IPR when making its own implementation of the Specification? So far the agreement states "yes", provided that it is a "normal implementation". This is e.g. going beyond what is normally requested in standardization, where the obligation to avail IPR is either on FRAND conditions or at least limited to "essential IPR", not "normal IPR". It also goes far beyond what is requested in normal EU projects, where Background only has to be made available under FRAND terms. In this context "reciprocity" is meant as follows: the third parties has to make available its IPRs which would be used in such a "normal implementation" of a Specification. It does not extent to any other product or IPR of such third party. What is avoided thereby is that a Party can use all the specification free of charge and block all the rest of the world from using the specifications, should it have a patent which it essentially needed for the implementation of the Specification. Therefore a clarification as in "For the sake of clarity, Parties signing this CA as well as any other third party, subject to additional conditions or agreement, may develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." is not nonsense, but protects all of us and fully serves the purpose, we want to achieve: an open specification." As you may see, at this stage of the CA modification, we all knew that these Licenses to Specification Essential patents would be granted for free. Let me copy also two more examples of the mails exchanged during those days (Kathrin, Suzanne, I hope you don?t feel uncomfortable because I use here your words..) : IBM: >From the beginning, our understanding was that the Commission requires that the GES be royalty free. This was conveyed to us by Juanjo. Now there is a new request that goes like - we will make the GES royalty free, but only on the condition that the "public" will promise reciprocity. There is nothing wrong business wise in this approach, and I for one am always happy to get other companies patents royalty free. In fact, I would like to get RAND for the GES. But that was not our agreement with the Commission, and we are working according to the Commission's request. We agreed to this condition 10 months ago. I think it is now 10 months too late to start changing the terms. SAP: ? Another point with regard to third party beneficiaries, the DOW states this: "Task 2.3: Consolidation of Generic Enabler Specifications In order to fulfil the FI-WARE promise all Generic Enablers will be accompanied by Open Specifications that will facilitate usage and integration in any FI-WARE Instance as well as the development of compliant implementations of GEs by third parties. While GE Specifications themselves will be done inside WP3-WP10, overall coordination and consolidation of these specifications is the objective and responsibility of this Task. " I assume, if the third party beneficiary does not claim the usage license without reciprocity from the CA, they can claim it from the DOW. I understand it in that way, that we have to make available the Specification under such conditions, that a third party can develop freely an implementation of it. And to be honest, the word Open might give the impression to have even broader rights than just no royalties. I can provide more examples, but I think these are enough. For those lawyers that are new in the "Legal Group" of FIWARE We kindly ask you to check this point with your colleagues. So, once the RF question is clear, for those of you that still prefer to include a paragraph with the License to the Specification Essential Patents, we suggest to include in it the reference to the "Additional Conditions or the Agreement" mentioned in the clause of the CA. For example: Subject to a previous agreement and under certain conditions, each of the FI-WARE Partners, jointly or solely, hereby agrees to grant you, a royalty-free, personal, nonexclusive, non-transferable, non sub-licensable, paid up, worldwide license, under their respective Specification Essential Patents, to make, use sell, offer to sell, and import software implementations utilizing the Specification This is just an example- IMHO if we do not make reference to this in the Legal Notice, it does not imply that we?re automatically grating RF, unconditioned licenses... the possibility of granting these license under an specific conditions or under an agreement still exist. As we told you in a previous mail: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " 2?.- APPLICABLE LAW Some partners have raised the question of which law would be applicable to this legal notice. Our Legal Notice is based on the OMG legal notice and no reference to applicable law is mentioned there. From our perspective, applicable law will be the one decided by the copyright holder/s, that are the owner/s of each specification. A reference to it in this way would be acceptable. OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) ________________________________ 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: image001.png Type: image/png Size: 23767 bytes Desc: image001.png URL: From jonas.heitto at alcatel-lucent.com Fri Jun 22 13:45:36 2012 From: jonas.heitto at alcatel-lucent.com (Heitto, Jonas (Jonas)) Date: Fri, 22 Jun 2012 13:45:36 +0200 Subject: [Fiware-legal] FIWARE LEGAL NOTICE In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC274A2@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC274A2@EXCLU2K7.hi.inet> Message-ID: Dear Luis. I think that the reference in Section 5 to "this Section" is confusing, since no rights are granted in Section 5. rather, we should refer to Section 3 which includes the license grant. The attached contains this change, and one further suggested clarification to Section 5. Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Donnerstag, 21. Juni 2012 15:45 To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: [Fiware-legal] FIWARE LEGAL NOTICE Dear all, Thanks you all for your constructive comments to this Legal Notice. As it is not possible, within this week, to reach an unanimous agreement regarding the content of a unique Legal Notice for all the FIWARE GES, we propose you the following: 1?.- To use the attached Legal Notice that is based on the previous version with minor modifications (I attach a clean copy) As you may see, we have deleted the two paragraphs related to the patent licenses. See explanation bellow. 2?.- Those FI-WARE Partners that, as copyright holders of the relevant FIWARE GES, reasonably and under justified reasons, agree not to use this text, will include the corresponding modifications they may freely decide as owners. In this case, we kindly ask you to minimize the deviation from the original text provided herein. These modifications must always respect what has been agreed in the Grant Agreement and in the Consortium Agreement, specifically in the point explained bellow. 3?.- In parallel - as we still think that a unique text would be highly advisable for all FIWARE GES legal notice - we will retake this conversation in a couple of weeks (From 22th to 29th June I?ll be on holidays) to get one agreed text applicable to all FIWARE GEs. POINTS UNDER DISCUSSIONS 1? LICENSES TO SPECIFICATION ESSENTIAL PATENTS >From our perspective, partners obligations regarding Licenses to Specification Essential Patents, are clear in the FIWARE CA: they must be granted on RF terms even if they affect to BG or SG of the Partners. Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. As most of you can remember, on 22nd August 2011 we closed the CA. In this 22nd version, the text in this clause was exactly the one I?ve copied, but without the yellow marked words. These words were added, after some discussions, in the very final version of 12th September due to the fact that some partners pointed out some risks in the original wording. Let me copy here, a paragraph of an e-mail of Susanne Weikl (NSN) that perfectly reflects these risks we tried to avoid with the new wording (when she spoke about "reciprocity" and "subject to additional conditions or agreement" she?s referring to the first draft of the modification proposed) : "The problematic level is the following: do we have to grant royalty-free licenses to all IPR (including Background!), where a Party uses such IPR when making its own implementation of the Specification? So far the agreement states "yes", provided that it is a "normal implementation". This is e.g. going beyond what is normally requested in standardization, where the obligation to avail IPR is either on FRAND conditions or at least limited to "essential IPR", not "normal IPR". It also goes far beyond what is requested in normal EU projects, where Background only has to be made available under FRAND terms. In this context "reciprocity" is meant as follows: the third parties has to make available its IPRs which would be used in such a "normal implementation" of a Specification. It does not extent to any other product or IPR of such third party. What is avoided thereby is that a Party can use all the specification free of charge and block all the rest of the world from using the specifications, should it have a patent which it essentially needed for the implementation of the Specification. Therefore a clarification as in "For the sake of clarity, Parties signing this CA as well as any other third party, subject to additional conditions or agreement, may develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." is not nonsense, but protects all of us and fully serves the purpose, we want to achieve: an open specification." As you may see, at this stage of the CA modification, we all knew that these Licenses to Specification Essential patents would be granted for free. Let me copy also two more examples of the mails exchanged during those days (Kathrin, Suzanne, I hope you don?t feel uncomfortable because I use here your words..) : IBM: >From the beginning, our understanding was that the Commission requires that the GES be royalty free. This was conveyed to us by Juanjo. Now there is a new request that goes like - we will make the GES royalty free, but only on the condition that the "public" will promise reciprocity. There is nothing wrong business wise in this approach, and I for one am always happy to get other companies patents royalty free. In fact, I would like to get RAND for the GES. But that was not our agreement with the Commission, and we are working according to the Commission's request. We agreed to this condition 10 months ago. I think it is now 10 months too late to start changing the terms. SAP: ? Another point with regard to third party beneficiaries, the DOW states this: "Task 2.3: Consolidation of Generic Enabler Specifications In order to fulfil the FI-WARE promise all Generic Enablers will be accompanied by Open Specifications that will facilitate usage and integration in any FI-WARE Instance as well as the development of compliant implementations of GEs by third parties. While GE Specifications themselves will be done inside WP3-WP10, overall coordination and consolidation of these specifications is the objective and responsibility of this Task. " I assume, if the third party beneficiary does not claim the usage license without reciprocity from the CA, they can claim it from the DOW. I understand it in that way, that we have to make available the Specification under such conditions, that a third party can develop freely an implementation of it. And to be honest, the word Open might give the impression to have even broader rights than just no royalties. I can provide more examples, but I think these are enough. For those lawyers that are new in the "Legal Group" of FIWARE We kindly ask you to check this point with your colleagues. So, once the RF question is clear, for those of you that still prefer to include a paragraph with the License to the Specification Essential Patents, we suggest to include in it the reference to the "Additional Conditions or the Agreement" mentioned in the clause of the CA. For example: Subject to a previous agreement and under certain conditions, each of the FI-WARE Partners, jointly or solely, hereby agrees to grant you, a royalty-free, personal, nonexclusive, non-transferable, non sub-licensable, paid up, worldwide license, under their respective Specification Essential Patents, to make, use sell, offer to sell, and import software implementations utilizing the Specification This is just an example- IMHO if we do not make reference to this in the Legal Notice, it does not imply that we?re automatically grating RF, unconditioned licenses... the possibility of granting these license under an specific conditions or under an agreement still exist. As we told you in a previous mail: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " 2?.- APPLICABLE LAW Some partners have raised the question of which law would be applicable to this legal notice. Our Legal Notice is based on the OMG legal notice and no reference to applicable law is mentioned there. From our perspective, applicable law will be the one decided by the copyright holder/s, that are the owner/s of each specification. A reference to it in this way would be acceptable. OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.gif at 01CD507D.4D29C6D0] ________________________________ 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: image001.gif Type: image/gif Size: 4899 bytes Desc: image001.gif URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: fi-ware Legal notice 21th june+jh.doc Type: application/msword Size: 33280 bytes Desc: fi-ware Legal notice 21th june+jh.doc URL: From tara.macmahon at intel.com Fri Jun 22 22:08:40 2012 From: tara.macmahon at intel.com (Macmahon, Tara) Date: Fri, 22 Jun 2012 20:08:40 +0000 Subject: [Fiware-legal] FIWARE LEGAL NOTICE In-Reply-To: <843DA8228A1BA74CA31FB4E111A5C4620263E4F6@ftrdmel0.rd.francetelecom.fr> References: <843DA8228A1BA74CA31FB4E111A5C4620263E4F6@ftrdmel0.rd.francetelecom.fr> Message-ID: Dear all Intel agrees with Robert's comment that we need to continue this discussion in order to resolve the issue. We are concerned with Luis' proposal as we do not understand how it can legally be accomplished. We do not agree that there can be any use of the legal notice that Luis has attached until we resolve all the issues. Our IP attorney working on this out of office until w/c 16 July, and we would be grateful to have a call with all partners relevant to resolve this, on Thursday 19 or Friday 20 July. Thanks in advance Best regards Tara From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of robert.sarrazin at orange.com Sent: Thursday, June 21, 2012 3:28 PM To: lgg at tid.es; fiware-legal at lists.fi-ware.eu Cc: valerie.hamelin at orange.com; serge.raes at orange.com Subject: Re: [Fiware-legal] FIWARE LEGAL NOTICE Dear all, ? Thank you again Luis for your proposal . However we think that we need to continue in the near future the discussion in order to solve this issue . Our opinion is that if we delete the two paragraphs inserted in " Patent licences " Section , we do not solve really this issue if the objective is that an user can effectively use the specification published " Regards De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : jeudi 21 juin 2012 15:45 ? : fiware-legal at lists.fi-ware.eu Cc : JOSE JIMENEZ DELGADO Objet : [Fiware-legal] FIWARE LEGAL NOTICE Dear all, Thanks you all for your constructive comments to this Legal Notice. As it is not possible, within this week, to reach an unanimous agreement regarding the content of a unique Legal Notice for all the FIWARE GES, we propose you the following: 1?.- To use the attached Legal Notice that is based on the previous version with minor modifications (I attach a clean copy) As you may see, we have deleted the two paragraphs related to the patent licenses. See explanation bellow. 2?.- Those FI-WARE Partners that, as copyright holders of the relevant FIWARE GES, reasonably and under justified reasons, agree not to use this text, will include the corresponding modifications they may freely decide as owners. In this case, we kindly ask you to minimize the deviation from the original text provided herein. These modifications must always respect what has been agreed in the Grant Agreement and in the Consortium Agreement, specifically in the point explained bellow. 3?.- In parallel - as we still think that a unique text would be highly advisable for all FIWARE GES legal notice - we will retake this conversation in a couple of weeks (From 22th to 29th June I?ll be on holidays) to get one agreed text applicable to all FIWARE GEs. POINTS UNDER DISCUSSIONS 1? LICENSES TO SPECIFICATION ESSENTIAL PATENTS >From our perspective, partners obligations regarding Licenses to Specification Essential Patents, are clear in the FIWARE CA: they must be granted on RF terms even if they affect to BG or SG of the Partners. Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. As most of you can remember, on 22nd August 2011 we closed the CA. In this 22nd version, the text in this clause was exactly the one I?ve copied, but without the yellow marked words. These words were added, after some discussions, in the very final version of 12th September due to the fact that some partners pointed out some risks in the original wording. Let me copy here, a paragraph of an e-mail of Susanne Weikl (NSN) that perfectly reflects these risks we tried to avoid with the new wording (when she spoke about "reciprocity" and "subject to additional conditions or agreement" she?s referring to the first draft of the modification proposed) : "The problematic level is the following: do we have to grant royalty-free licenses to all IPR (including Background!), where a Party uses such IPR when making its own implementation of the Specification? So far the agreement states "yes", provided that it is a "normal implementation". This is e.g. going beyond what is normally requested in standardization, where the obligation to avail IPR is either on FRAND conditions or at least limited to "essential IPR", not "normal IPR". It also goes far beyond what is requested in normal EU projects, where Background only has to be made available under FRAND terms. In this context "reciprocity" is meant as follows: the third parties has to make available its IPRs which would be used in such a "normal implementation" of a Specification. It does not extent to any other product or IPR of such third party. What is avoided thereby is that a Party can use all the specification free of charge and block all the rest of the world from using the specifications, should it have a patent which it essentially needed for the implementation of the Specification. Therefore a clarification as in "For the sake of clarity, Parties signing this CA as well as any other third party, subject to additional conditions or agreement, may develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." is not nonsense, but protects all of us and fully serves the purpose, we want to achieve: an open specification." As you may see, at this stage of the CA modification, we all knew that these Licenses to Specification Essential patents would be granted for free. Let me copy also two more examples of the mails exchanged during those days (Kathrin, Suzanne, I hope you don?t feel uncomfortable because I use here your words..) : IBM: >From the beginning, our understanding was that the Commission requires that the GES be royalty free. This was conveyed to us by Juanjo. Now there is a new request that goes like - we will make the GES royalty free, but only on the condition that the "public" will promise reciprocity. There is nothing wrong business wise in this approach, and I for one am always happy to get other companies patents royalty free. In fact, I would like to get RAND for the GES. But that was not our agreement with the Commission, and we are working according to the Commission's request. We agreed to this condition 10 months ago. I think it is now 10 months too late to start changing the terms. SAP: ? Another point with regard to third party beneficiaries, the DOW states this: "Task 2.3: Consolidation of Generic Enabler Specifications In order to fulfil the FI-WARE promise all Generic Enablers will be accompanied by Open Specifications that will facilitate usage and integration in any FI-WARE Instance as well as the development of compliant implementations of GEs by third parties. While GE Specifications themselves will be done inside WP3-WP10, overall coordination and consolidation of these specifications is the objective and responsibility of this Task. " I assume, if the third party beneficiary does not claim the usage license without reciprocity from the CA, they can claim it from the DOW. I understand it in that way, that we have to make available the Specification under such conditions, that a third party can develop freely an implementation of it. And to be honest, the word Open might give the impression to have even broader rights than just no royalties. I can provide more examples, but I think these are enough. For those lawyers that are new in the "Legal Group" of FIWARE We kindly ask you to check this point with your colleagues. So, once the RF question is clear, for those of you that still prefer to include a paragraph with the License to the Specification Essential Patents, we suggest to include in it the reference to the "Additional Conditions or the Agreement" mentioned in the clause of the CA. For example: Subject to a previous agreement and under certain conditions, each of the FI-WARE Partners, jointly or solely, hereby agrees to grant you, a royalty-free, personal, nonexclusive, non-transferable, non sub-licensable, paid up, worldwide license, under their respective Specification Essential Patents, to make, use sell, offer to sell, and import software implementations utilizing the Specification This is just an example- IMHO if we do not make reference to this in the Legal Notice, it does not imply that we?re automatically grating RF, unconditioned licenses... the possibility of granting these license under an specific conditions or under an agreement still exist. As we told you in a previous mail: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " 2?.- APPLICABLE LAW Some partners have raised the question of which law would be applicable to this legal notice. Our Legal Notice is based on the OMG legal notice and no reference to applicable law is mentioned there. From our perspective, applicable law will be the one decided by the copyright holder/s, that are the owner/s of each specification. A reference to it in this way would be acceptable. OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [Description: cid:image001.png at 01CD50B7.294B9970] ________________________________ 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 ------------------------------------------------------------- Intel Ireland Limited (Branch) Collinstown Industrial Park, Leixlip, County Kildare, Ireland Registered Number: E902934 This e-mail and any attachments may contain confidential material for the sole use of the intended recipient(s). Any review or distribution by others is strictly prohibited. If you are not the intended recipient, please contact the sender and delete all copies. -------------- next part -------------- An HTML attachment was scrubbed... URL: -------------- next part -------------- A non-text attachment was scrubbed... Name: image001.png Type: image/png Size: 23767 bytes Desc: image001.png URL: From pmaeso at tid.es Mon Jun 25 17:40:43 2012 From: pmaeso at tid.es (PILAR PLASENCIA MAESO) Date: Mon, 25 Jun 2012 15:40:43 +0000 Subject: [Fiware-legal] FIWARE LEGAL NOTICE In-Reply-To: References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC274A2@EXCLU2K7.hi.inet> Message-ID: <3320EDE8238C9645B5729DD1D40A2F221140A4FA@EX10-MB1-MAD.hi.inet> Dear Jonas, Thanks for the proposal. We will review the text as soon as possible. Regards, Pilar Pilar Plasencia Maeso Head of Legal Department Secretary Board of Directors Telef?nica Investigaci?n y Desarrollo, S.A. Unipersonal Distrito T, Ronda de la Comunicaci?n s/n, edificio oeste I 28050 Madrid Spain De: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] En nombre de Heitto, Jonas (Jonas) Enviado el: viernes, 22 de junio de 2012 13:46 Para: LUIS GARCIA GARCIA; fiware-legal at lists.fi-ware.eu CC: JOSE JIMENEZ DELGADO Asunto: Re: [Fiware-legal] FIWARE LEGAL NOTICE Dear Luis. I think that the reference in Section 5 to "this Section" is confusing, since no rights are granted in Section 5. rather, we should refer to Section 3 which includes the license grant. The attached contains this change, and one further suggested clarification to Section 5. Regards Jonas Dr. Jonas Heitto, LL.M. Senior IP Counsel ALCATEL-LUCENT INTELLECTUAL PROPERTY & STANDARDS * Tel +49 711 821 44561 * Fax +49 711 821 44587 jonas.heitto at alcatel-lucent.com Alcatel-Lucent Deutschland AG Lorenzstra?e 10 70435 Stuttgart Sitz der Gesellschaft/ Domicile of the Company: Stuttgart . Amtsgericht/ District Court Stuttgart HRB 4026 Vorsitzender des Aufsichtsrates/ Chairman of the Board of Directors: Michael Oppenhoff Vorstand/ Board of Management: Alf Henryk Wulf (Vorsitzender/ Chairman) . Hans-J?rg Daub . Dr. Rainer Fechner . Andreas Gehe Note: This e-mail message and any documents accompanying it may contain confidential and/or legally privileged information belonging to Alcatel-Lucent. If you are not the intended recipient, you are hereby notified that any disclosure, copying, distribution or the taking of any action in reliance on the information is strictly prohibited. If you have received this e-mail in error, please immediately notify us and delete all copies of the transmission. ________________________________ From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of LUIS GARCIA GARCIA Sent: Donnerstag, 21. Juni 2012 15:45 To: fiware-legal at lists.fi-ware.eu Cc: JOSE JIMENEZ DELGADO Subject: [Fiware-legal] FIWARE LEGAL NOTICE Dear all, Thanks you all for your constructive comments to this Legal Notice. As it is not possible, within this week, to reach an unanimous agreement regarding the content of a unique Legal Notice for all the FIWARE GES, we propose you the following: 1?.- To use the attached Legal Notice that is based on the previous version with minor modifications (I attach a clean copy) As you may see, we have deleted the two paragraphs related to the patent licenses. See explanation bellow. 2?.- Those FI-WARE Partners that, as copyright holders of the relevant FIWARE GES, reasonably and under justified reasons, agree not to use this text, will include the corresponding modifications they may freely decide as owners. In this case, we kindly ask you to minimize the deviation from the original text provided herein. These modifications must always respect what has been agreed in the Grant Agreement and in the Consortium Agreement, specifically in the point explained bellow. 3?.- In parallel - as we still think that a unique text would be highly advisable for all FIWARE GES legal notice - we will retake this conversation in a couple of weeks (From 22th to 29th June I?ll be on holidays) to get one agreed text applicable to all FIWARE GEs. POINTS UNDER DISCUSSIONS 1? LICENSES TO SPECIFICATION ESSENTIAL PATENTS >From our perspective, partners obligations regarding Licenses to Specification Essential Patents, are clear in the FIWARE CA: they must be granted on RF terms even if they affect to BG or SG of the Partners. Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. As most of you can remember, on 22nd August 2011 we closed the CA. In this 22nd version, the text in this clause was exactly the one I?ve copied, but without the yellow marked words. These words were added, after some discussions, in the very final version of 12th September due to the fact that some partners pointed out some risks in the original wording. Let me copy here, a paragraph of an e-mail of Susanne Weikl (NSN) that perfectly reflects these risks we tried to avoid with the new wording (when she spoke about "reciprocity" and "subject to additional conditions or agreement" she?s referring to the first draft of the modification proposed) : "The problematic level is the following: do we have to grant royalty-free licenses to all IPR (including Background!), where a Party uses such IPR when making its own implementation of the Specification? So far the agreement states "yes", provided that it is a "normal implementation". This is e.g. going beyond what is normally requested in standardization, where the obligation to avail IPR is either on FRAND conditions or at least limited to "essential IPR", not "normal IPR". It also goes far beyond what is requested in normal EU projects, where Background only has to be made available under FRAND terms. In this context "reciprocity" is meant as follows: the third parties has to make available its IPRs which would be used in such a "normal implementation" of a Specification. It does not extent to any other product or IPR of such third party. What is avoided thereby is that a Party can use all the specification free of charge and block all the rest of the world from using the specifications, should it have a patent which it essentially needed for the implementation of the Specification. Therefore a clarification as in "For the sake of clarity, Parties signing this CA as well as any other third party, subject to additional conditions or agreement, may develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis." is not nonsense, but protects all of us and fully serves the purpose, we want to achieve: an open specification." As you may see, at this stage of the CA modification, we all knew that these Licenses to Specification Essential patents would be granted for free. Let me copy also two more examples of the mails exchanged during those days (Kathrin, Suzanne, I hope you don?t feel uncomfortable because I use here your words..) : IBM: >From the beginning, our understanding was that the Commission requires that the GES be royalty free. This was conveyed to us by Juanjo. Now there is a new request that goes like - we will make the GES royalty free, but only on the condition that the "public" will promise reciprocity. There is nothing wrong business wise in this approach, and I for one am always happy to get other companies patents royalty free. In fact, I would like to get RAND for the GES. But that was not our agreement with the Commission, and we are working according to the Commission's request. We agreed to this condition 10 months ago. I think it is now 10 months too late to start changing the terms. SAP: ? Another point with regard to third party beneficiaries, the DOW states this: "Task 2.3: Consolidation of Generic Enabler Specifications In order to fulfil the FI-WARE promise all Generic Enablers will be accompanied by Open Specifications that will facilitate usage and integration in any FI-WARE Instance as well as the development of compliant implementations of GEs by third parties. While GE Specifications themselves will be done inside WP3-WP10, overall coordination and consolidation of these specifications is the objective and responsibility of this Task. " I assume, if the third party beneficiary does not claim the usage license without reciprocity from the CA, they can claim it from the DOW. I understand it in that way, that we have to make available the Specification under such conditions, that a third party can develop freely an implementation of it. And to be honest, the word Open might give the impression to have even broader rights than just no royalties. I can provide more examples, but I think these are enough. For those lawyers that are new in the "Legal Group" of FIWARE We kindly ask you to check this point with your colleagues. So, once the RF question is clear, for those of you that still prefer to include a paragraph with the License to the Specification Essential Patents, we suggest to include in it the reference to the "Additional Conditions or the Agreement" mentioned in the clause of the CA. For example: Subject to a previous agreement and under certain conditions, each of the FI-WARE Partners, jointly or solely, hereby agrees to grant you, a royalty-free, personal, nonexclusive, non-transferable, non sub-licensable, paid up, worldwide license, under their respective Specification Essential Patents, to make, use sell, offer to sell, and import software implementations utilizing the Specification This is just an example- IMHO if we do not make reference to this in the Legal Notice, it does not imply that we?re automatically grating RF, unconditioned licenses... the possibility of granting these license under an specific conditions or under an agreement still exist. As we told you in a previous mail: " Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. " 2?.- APPLICABLE LAW Some partners have raised the question of which law would be applicable to this legal notice. Our Legal Notice is based on the OMG legal notice and no reference to applicable law is mentioned there. From our perspective, applicable law will be the one decided by the copyright holder/s, that are the owner/s of each specification. A reference to it in this way would be acceptable. OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.gif at 01CD52F9.A4F8DE40] ________________________________ 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: image001.gif Type: image/gif Size: 4899 bytes Desc: image001.gif URL: From patricia.bedoui at thalesgroup.com Tue Jun 19 19:24:39 2012 From: patricia.bedoui at thalesgroup.com (BEDOUI Patricia) Date: Tue, 19 Jun 2012 19:24:39 +0200 Subject: [Fiware-legal] FIGARE GES LEGAL NOTICE. In-Reply-To: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> References: <400B1E0D509AB14C95FFDC1DE303B9A8A21DC27143@EXCLU2K7.hi.inet> Message-ID: <6939_1340126757_4FE0B625_6939_1792_1_9cd6e67c-794c-4427-9c2e-a515cf0511c4@THSONEA01HUB03P.one.grp> Dear Luis, I am not able to give you an answer this evening as your new proposal (deletion of licence on essential patents) needs to be checked internally with our technical people. Besides, I would like to draw your attention on the fact that there are no clauses in your legal notice on the law applicable, the litigation and the acceptance by the GES user of the licence. Please explain. Best regards Patricia BEDOUI Legal Counsel Defence & Security C4I Systems Division Thales Communications & Security SA 160 bd de Valmy - BP 82- 92704 Colombes Cedex Tel. : +33(0)1 46 13 34 30 Fax : +33(0)1 46 13 21 92 New e.mail address : patricia.bedoui at thalesgroup.com De : fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] De la part de LUIS GARCIA GARCIA Envoy? : mardi 19 juin 2012 08:31 ? : fiware-legal at lists.fi-ware.eu Cc : JOSE JIMENEZ DELGADO Objet : Re: [Fiware-legal] FIGARE GES LEGAL NOTICE. Dear all, We fully support Suzanne approach as the better way to move forward with this legal notice. We cannot forget that the objective is to get the legal notice within this week. Existing obligations under CA, GA and Collaboration Agreement - regarding Access Rights- are in place, whatever is the final text of the legal notice. I believe we have to go back to the essential. We have to provide a Legal Notice that has to comply with what we say in our CA: ?Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3,the FI-WARE Generic Enabler Specifications will be made publically available (upon publication in accordance with clause 4.4.1) on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties (provided that the right to obtain Access Rights granted under this Agreement must not be negatively affected by such request),develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis.? From my point of view, this clearly mandates to give away any patent claim on implementations of FI-WARE Generic Enabler specifications, and the distinction about Background, Sideground or Foreground is not relevant here. Otherwise, tell me how we can comply with the CA, with the provisions of the Grant Agreement and, very specially, with one of the main idea of this project: to foster implementations using FI-WARE GES. It is rather clear that we shouldn't claim royalties of any kind, derived from patents or not, to a company that implements a product that is in compliance with FI-WARE Open Specifications. As Suzanne says: ? Experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in Legal Notices attached to the Open Specifications they publish. So what's good for them could be also good for us. ? Don?t forget that OMG is one of the most recognized industry consortia publishing open specifications. They have produced specifications linked to rather relevant standards such as CORBA, BPMN, UML, ... We believe it is pragmatic to rely on the experience of a language that has shown it works since many years. In this respect, the original Legal Notice is rather aligned with OMG's language. On the other hand, many of the companies involved in FI-WARE have participated in some OMG standard, without apparently representing any big issue, and this is something worth noticing. I do suggest to follow Suzanne and to drop this two sections from the Legal Notice. Find attached an updated draft. In parallel, if you want, we can discuss about what is in and what is out from these ?essential claims? but our existing AR obligations for GES implementations exist and arise from the above mentioned legal agreements (CA, GA and Collaboration) and are out of this legal notice. Please let me know today if you can live with this proposal and if you agree with the rest of the proposed legal notice. Thank you beforehand. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.Unipersonal DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) [cid:image001.jpg at 01CD4E4F.AFBACBD0] -----Mensaje original----- De: Suzanne Erez [mailto:SUZANNE at il.ibm.com] Enviado el: lunes, 18 de junio de 2012 16:42 Para: LUIS GARCIA GARCIA CC: fiware-legal at lists.fi-ware.eu; PILAR PLASENCIA MAESO; JUAN JOSE HIERRO SUREDA; JOSE JIMENEZ DELGADO; Yaron Wolfsthal Asunto: Fw: FIGARE GES LEGAL NOTICE. Luis, let me suggest a way to go forward. I would suggest to leave out completely the 2 sections marked in yellow. IBM believes that the grant as stated in the CA is fully expressed in the license WITHOUT the sections marked in yellow. IBM believes that the sections in yellow, while in principle a good idea to include, must be carefully drafted and negotiated in order to be not too broad, or not too narrow or not unclear. With this specific patent grant, the IP of our corporations is involved. The risk is that much higher. With so many parties, there would be endless interests and input (and endless multi-lawyer conference calls...). It could take us weeks just to negotiate these two sections highlighted in yellow. I note that experienced license drafters, such as the Object Management Group (OMG), did not include a specific patent grant in their language. So what's good for them (as Juanjo pointed out...) could be also good for us. I vote to use the license just the way it is, but WITHOUT the two sections in yellow. This will make our lives easier and we can be in the road immediately. what do you think? Suzanne Suzanne Erez Counsel, IPLaw, Israel Associate PPM, PPM 150, 160 IBM Haifa, Israel suzanne at il.ibm.com Tel: 972-4-829-6069 Fax: 972-4-829-6521 I am a kind of paranoiac in reverse. I suspect people of plotting to make me happy. - J.D. Salinger, writer (1919-2010) PREPARED BY IBM ATTORNEY / PRIVILEGE REVIEW REQUIRED This e-mail and its attachments, if any, may contain information that is private, confidential, or protected by attorney-client, solicitor-client or other privilege. If you received this e-mail in error, please delete it from your system without copying it and notify me of the misdirection by reply e-mail. ----- Forwarded by Suzanne Erez/Haifa/IBM on 18/06/2012 05:16 PM ----- Subject: FIGARE GES LEGAL NOTICE. Date: Mon, 18 Jun 2012 08:30:19 +0200 From: LUIS GARCIA GARCIA To: fiware-legal at lists.fi-ware.eu CC: PILAR PLASENCIA MAESO , JUAN JOSE HIERRO SUREDA , JOSE JIMENEZ DELGADO Dear all, Find enclosed the new draft of the Legal Notice that must govern the FI-WARE Generic Enabler Specification (FI-WARE GES). The current proposed Legal Notice is very much based on the Legal Notice that the Object Management Group (OMG), a widely recognized industry standard body author of widely used standards such as UML, BPMN and CORBA In it, we?ve taken into account the inputs received. The objective is to create a unique text applicable to all the FIWARE GES. In this unique Legal Notice it will figure the Copyright notice of the relevant FIWARE Partners creating this GES. We kindly ask you to focus the debate exclusively in the yellow marked paragraphs referred to the ?Essential patents and the licenses granted to them. Regarding these paragraphs, we wonder whether their inclusion may be against the clauses of our CA which establish that any party should be able to implement products in compliance with FI-WARE GE Specifications royalty-free: Notwithstanding any conflicting terms in this CA, but subject to Annex 3 and Section 3.4.3.3, the FI-WARE Generic Enabler Specifications will be made publically available on royalty free terms. For the sake of clarity, Parties signing this CA as well as any other third party may, subject to additional conditions or agreement where requested by a Party/ the Parties develop and release implementations of the FI-WARE Generic Enabler Specifications on a royalty-free basis. To some extend, the proposed language says "don't worry, you will not be sued by us because infringing a essential patent" but, on the other hand, it may be interpreted by someone as implicitly supporting the idea that "we could ask you for royalties if you infringe a patent we could consider non-essential" ... wouldn't claiming for any patent be something against the clause in the CA ? We would like to gather your opinion to close the Legal Notice. Based on comments and results of the discussion, we will propose a final language by Thursday, so if you have any opinion on the matter, please let us know by Tuesday evening at the latest. Best regards Luis Garc?a Garc?a Asesoria Jur?dica // Legal Department Tfnos: +34 914832614 // +34913129666 Telef?nica Investigaci?n y Desarrollo, S.A.l DISTRITO C- Edificio Oeste 1, 5? planta Ronda de la Comunicaci?n s/n 28050-Madrid (Espa?a) Este mensaje se dirige exclusivamente a su destinatario. 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