[Fiware-legal] SAP comments to FI-WARE OIL T&Cs

[Heitto, Jonas (Jonas)]

Dear Juanjo, dear all,

I'm keeping to a few general points, as there is little to add to the comments already made by colleagues.

First, the legal basis of OIL... and I regret to address this again but I have not found clarity yet. So let's look at the DOW, which speaks about "opening up the testbed" i.e. that access be provided to persons beyond FI-WARE and FI-PPP participants. However, I could find no requirement that this would have to happen at royalty free terms. Open isn't the same as free. While it is possible to do so, I'm still uncertain about a legal obligation to do so. 

Now, assuming that we go forward and grant free access, it is our understanding, in accordance with your mail of 26 June addressed to Suzanne, that the implementations are only used in the "software as a service" mode. Then it would be correct to not grant any licenses, just like suggested by NSN. 

To the extent download of software is implicated, I agree with Tara that here the respective authors should be free to apply their own GEI license terms and conditions.  

Thanks and let's discuss on Monday
Jonas

-----Original Message-----
From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of Macmahon, Tara
Sent: Freitag, 12. Juli 2013 08:28
To: fabian.perpeet at zv.fraunhofer.de; mary.calkins at sap.com; fiware-legal-bounces at lists.fi-ware.eu; fiware-legal at lists.fi-ware.eu
Cc: sebastian.wahle at fokus.fraunhofer.de; laura.schuetz at izb.fraunhofer.de; elke.rupp at zv.fraunhofer.de
Subject: Re: [Fiware-legal] SAP comments to FI-WARE OIL T&Cs

Dear Juanjo and all

I have taken the version on which IBM, SAP and Fraunhofer have already commented (and which had Intel's original comments) and have added some additional comments from Intel to help progress this. It is difficult at this point to make clear changes to the document to reflect what is needed, as it seems that some key fundamental changes need to be made first, to more clearly reflect what will be offered through OIL, by who, and on what terms. 

Our understanding: Three items which are being offered through OIL:
1.            The hosting services. All rights and obligations relating to the hosting services should be between the user and the Fiware partner that is 	hosting the site (and not any of the other Fiware partners).
2.            A right to use certain GEI implementations of some Fiware partners through OIL (but not download it): The rights and obligations in the 	contract around this should apply only to each Fiware partner for its own GEI implementation. 
3.            A right to download certain GEI implementations of some Fiware partners through OIL: The contract should state that these GEIs will be 	available under the relevant terms that the partner has separately attached to that GEI.

I look forward to discussing with everyone on Monday.

Best regards

Tara

-----Original Message-----
From: fiware-legal-bounces at lists.fi-ware.eu [mailto:fiware-legal-bounces at lists.fi-ware.eu] On Behalf Of fabian.perpeet at zv.fraunhofer.de
Sent: Thursday, July 11, 2013 9:45 AM
To: mary.calkins at sap.com; fiware-legal-bounces at lists.fi-ware.eu; fiware-legal at lists.fi-ware.eu
Cc: sebastian.wahle at fokus.fraunhofer.de; laura.schuetz at izb.fraunhofer.de; elke.rupp at zv.fraunhofer.de
Subject: Re: [Fiware-legal] SAP comments to FI-WARE OIL T&Cs

Dear all,
please find our (mostly editorial) modifications and comments marked in the attachment based on the SAP-version. Fraunhofer supports the proposal to clarify/define the roles of the hosting entity in more detail. 
>From our point of view it should be discussed if some language should be added that only such FI-WARE partner shall be responsible for the GEI products/tools generated by such partner to avoid the impression/legal consequence that all GEI products/tools are jointly owned by "US".

Do we need some additional section/obligation that the users of the FI-WARE OIL Services are responsible/liable for complying with export law restrictions (if any) ?

Best regards
Fabian Perpeet
Fraunhofer Gesellschaft e. V.
Legal Affairs and Contracts
phone: +49 2241 - 142314
fax: +49 2241 - 142170

PS: Due to some days off, I will not be able to participate in the calls scheduled for the 15th and 22nd.




> -----Original Message-----
> From: fiware-legal-bounces at lists.fi-ware.eu
> [mailto:fiware-legal-bounces at lists.fi-
> ware.eu] On Behalf Of Calkins, Mary
> Sent: Wednesday, July 10, 2013 8:00 PM
> To: fiware-legal-bounces at lists.fi-ware.eu;
> fiware-legal at lists.fi-ware.eu
> Subject: Re: [Fiware-legal] SAP comments to FI-WARE OIL T&Cs
> 
> Dear All,
> 
> Please find attached SAP's latest comments on the FI-WARE OIL T&C's, for the
> discussion next Monday.   Thank you for your patience as we gathered these to
> submit.
> 
> In order to hopefully save time in compiling an overall version of the 
> comments,  I have marked the SAP comments directly on the redline 
> version circulated by IBM yesterday.
> I have marked all SAP comments with "SAP" or in some cases just added 
> to an existing comment box already labeled "SAP".
> 
> Many of SAP's comments are directed towards adding concrete language 
> addressing our previously raised concerns, as suggested.  We hope this 
> facilitates a productive discussion on Monday.
> 
> Thank you and best regards,
> 
> Mary Calkins
> IP Counsel | Regulatories and Processes Team | Global Legal IT & 
> Commercial SAP America, Inc., 3999 West Chester Pike, Newtown Square, 
> PA  19073 W  +1
> 610 661 8975
> M   +1 610 570 6817
> F   +1 610 661 8976
> E   mary.calkins at sap.com
> www.sap.com
> Please consider the impact on the environment before printing this e-mail.
> Prepared by a member of SAP's Global IP Group.  This message and any 
> attachments may contain information that is confidential, private or 
> protected by the attorney-client or other privilege.  If you have 
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> Thank you for your cooperation.
> 
> 
> 
> 

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