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)
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----- 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 <lgg at tid.es>
To: fiware-legal at lists.fi-ware.eu <fiware-legal at lists.fi-ware.eu>
CC: PILAR PLASENCIA MAESO <pmaeso at tid.es>, JUAN JOSE HIERRO SUREDA <jhierro at tid.es>, JOSE JIMENEZ DELGADO <jimenez at tid.es>
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 García García
Asesoria Jurídica // Legal Department
Tfnos: +34 914832614 // +34913129666
Telefónica Investigación y Desarrollo, S.A.l
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