[Fiware-legal] First draft of FI-WARE Open Innovation Lab (OIL) Terms and Conditions

Suzanne Erez SUZANNE at il.ibm.com
Sun Jun 23 09:23:45 CEST 2013


Juanjo,

We applaud your efforts to get this program out on time.

Question - the IBM components are released under open source licenses and
some of them are built on on going open source projects.  Is there a way we
can release software packages in the OIL under their open source terms?

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

“When you see someone putting on his Big Boots, you can be pretty sure that
an Adventure is going to happen.” ¯ A.A. Milne, Winnie-the-Pooh

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From:	Juanjo Hierro <jhierro at tid.es>
To:	"fiware-legal at lists.fi-ware.eu"
            <fiware-legal at lists.fi-ware.eu>,
Date:	22/06/2013 11:14 AM
Subject:	[Fiware-legal] First draft of FI-WARE Open Innovation Lab (OIL)
            Terms and Conditions
Sent by:	fiware-legal-bounces at lists.fi-ware.eu



Dear all,

  Please find enclosed the first draft of the FI-WARE Open Innovation Lab
(OIL) Terms and Conditions prepared for the Legal Department of Telefonica
for your revision.

  These Terms and Conditions will govern the usage of services provided by
products implementing FI-WARE Generic Enablers (GEis) deployed and provided
to third parties in the FI-WARE Open Innovation Lab (OIL).

  A very strict and unmovable milestone in the FI-WARE project is that the
FI-WARE OIL must be available by end of July in compliance with our
contract.   This means that we have to close a first version of these Terms
and Conditions by that date.   Indeed, we will actually launch the FI-WARE
OIL at the defined milestone (end of July) with whatever version of these
terms and conditions can be generated that enough number of partners can
adhere to.   There is a very high expectation from the EC and the research
and entrepreneurs community and this means we cannot delay launching of the
FI-WARE Open Innovation Lab.   We, as coordinators, assume this may mean
that some FI-WARE GEis from some partners may not be made available when
launching the FI-WARE OIL.   We know this may put them in a difficult
situation in front of the EC but we cannot block launch of the FI-WARE OIL
because a partner doesn't agree with the language of a particular paragraph
that suits enough number of partners.   On the other hand, such conflicts,
if any, hopefully may be solved soon so that a new version of the Terms and
Conditions can be produced and the affected FI-WARE GEi incorporated in the
FI-WARE OIL in due time.  After all, and as stated in section 1.4 of this
draft of the Terms and Conditions "We may amend these Terms and Conditions
at any time by posting a revised version of these Terms and Conditions in
the FI-WARE OIL Site."

  Indeed, we feel very positive that we can reach soon an agreement on the
FI-WARE Open Innovation Lab (OIL) Terms and Conditions because the provided
draft has been worked out very carefully.  We haven't invented it from the
scratch, as you can imagine, but have relied on the terms and conditions of
similar services, some being known as best-of-the-breed and very
consolidated services.

  In order to meet the defined milestone, we will setup regular confcalls
every Monday from 09:30am to 11:00am CET.   They will be slots to discuss
on proposal changes and make progress on closing agreements.    Of course,
without preventing us to make progress over the email.   Dial-in details
will be circulated later through this mailing list.

  In addition, we will run two sessions next week, one on Tuesday June 25,
09:30am CET, and another on Wednesday June 26 at 16:00 CET to introduce you
the general principles behind the FI-WARE OIL and the FI-WARE OIL Terms and
Conditions and to solve you any first doubts you may have.  Again, Dial-in
details will be circulated later through this mailing list.

  You are asked to send your first set of comments by Thursday June 27 EOB
(17:00 CET).   We will open a slot for additional comments every week, from
Monday 09:30am CET until Thursday 12:00pm CET (noon) that same week.  Then,
we will compile, circulate and use the provided comments during the
following Monday session.

  There are a number of technical and business principles assumed in the
definition of the FI-WARE OIL.  Let me enumerate some of them that I
believe that you should always bear in mind while reading these terms and
conditions:
      The FI-WARE OIL will be an environment, available to any third party
      for free, where third parties will be able to experiment with FI-WARE
      technologies (GEis) and will be able to host, develop and test
      Applications based on FI-WARE technologies.  The FI-WARE OIL
      comprises a site (where a portal is deployed) through which FI-WARE
      Cloud Hosting Services are offered enabling third parties to setup
      resources for hosting their experimental applications.  Besides, it
      comprises a number of FI-WARE GEis deployed on the FI-WARE Cloud or
      any other federated premise and offered "as a Service" so that
      applications can use them based on APIs.    Some of these FI-WARE
      GEis will be deployed by the corresponding FI-WARE GEi owner or by
      third parties using tools we have provided to them to do so.
      The FI-WARE OIL is provided only for experimental usage.   No
      production service should be offered by third parties based on
      FI-WARE OIL services.
      We do not warrant any service level or any level of support of
      FI-WARE OIL Services.   Support will be provided in "best-effort"
      mode and users of the FI-WARE OIL Services will make use of it at
      their own risk.
  Of course, there are many other aspects considered in the terms and
conditions to protect ourselves and our rights and interests, as well as to
develop the above listed principles, but you will discover them while
reviewing the attached draft.

  Looking forward your collaboration to get this done on due time.

  Best regards,

-- Juanjo Hierro

-------------
Product Development and Innovation (PDI) - Telefonica Digital
website: www.tid.es
email: jhierro at tid.es
twitter: twitter.com/JuanjoHierro

FI-WARE (European Future Internet Core Platform) Coordinator
and Chief Architect

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