Dear Suzanne,
Thanks for raising this question. What I'm going to explain here is something that all the teams (and responsible of the teams) working in FI-WARE know since October-November last year, but I guess that it is worth trying to provide the summary below as "context" you may need to be aware of.
We have to distinguish between two separate things:
1. How software (binaries or source code) of FI-WARE GE implementations (GEis) is made available to third parties beyond the FI-PPP.
2. The FI-WARE Open Innovation Lab
The first point IS NOT governed by the FI-WARE OIL Terms and Conditions. The owner(s) of each FI-WARE GEi will decide which formula it wishes to adopt for making the software of its GEi available to third parties beyond the FI-PPP. It/they will declare that formula in the FI-WARE Catalogue, where there is a separate form providing info about each FI-WARE GEi and a tab title "Terms and Conditions". For an example of form linked to a FI-WARE GEi, you may check the form linked to the WireCloud FI-WARE GEi:
http://catalogue.fi-ware.eu/enablers/terms-and-conditions-4
We provided very concrete guidelines about how FI-WARE GEi owners should write the tab "Terms and Conditions" sections in the form associated to each of their FI-WARE GEis. You can obtain them from responsible of the teams from your company involved in FI-WARE. First guideline is that the "Terms and Conditions" section must be structured in three sections, corresponding to the three contexts where FI-WARE GEi can be used, namely:
1. Within the FI-PPP, for experimentation purposes: "Experimentation/testing within the scope of the FI-PPP" section
2. linked to the FI-WARE OIL: "Open Innovation Lab" section
3. outside the FI-PPP: "External availability" section
In the first section, a standard text will be put which refers to the FI-PPP Collaboration Agreement (you can find it as first paragraph in the example above). The second section will also have a standard text (again, you can find it for the example above) which refers to the FI-WARE OIL Terms and Conditions (the text we are going to close by end of July). The third section will be used by each FI-WARE GEi owners to declare how they plan to make their FI-WARE GEis, including its software, to any third party beyond the FI-PPP. This is a relatively free-style section although some style guidelines have been provided to make sure that we do not end with very disparate styles and, on the other hand, we can fulfill some of the expectations of the EC.
As a general rule, those FI-WARE GEis that are going to be open source should explain that they are planning to do so in the "External availability" section. Again, you can refer to the provided example about how the "External availability" section would be written.
The FI-WARE OIL materializes into a site where FI-WARE GEis are deployed and become available "as a Service" so they can be used through well-defined APIs. This means that their software doesn't need to be made available in that space.
If your FI-WARE GEi is delivered as open source in FI-WARE Release 2, then you should declare that circumstance in the "External availability" section of the "Terms and Conditions" tab and you should make the software available in the "Downloads" tab. There is nothing that prevents you to make your FI-WARE GEi available "as a Service" in the FI-WARE OIL but also as downloadable open source at the same time. However, the terms and conditions are regulated differently.
There may be FI-WARE GEis for which part of the software is going to be made available as a service at the FI-WARE OIL but, in order to use them, users may need to download some software (e.g., client libraries). In that case, the FI-WARE GEi owners have to make that software (e.g., client libraries) available for downloading at the "Downloads" tab of the FI-WARE GEi form in the FI-WARE Catalogue. If usage is limited only to users of the FI-WARE OIL, we have asked FI-WARE GEi owners to state so also in the Download tab.
The technical lead of the team from your company working in FI-WARE may further elaborate on all these matters with you. In your particular case, I'm pretty confident that Alex can answer all your doubts. We are talking here about very standard "principles" in Cloud services. Nothing I have said above is different than what applies to any Cloud site with respect to software used to construct that Cloud or deployed in that Cloud.
Best regards,
-- Juanjo
P.D.: Please try to avoid sending messages to "fiware-legal-bounces at lists.fi-ware.eu<mailto:fiware-legal-bounces at lists.fi-ware.eu>". The right email address is "fiware-legal at lists.fi-ware.eu"<mailto:fiware-legal at lists.fi-ware.eu>. It sometimes happens that people wrongly store the "fiware-legal-bounces at lists.fi-ware.eu"<mailto:fiware-legal-bounces at lists.fi-ware.eu> in their e-mail address book. Please make sure that you have the right email address in your address book. Also try to make sure that your mail tool does not automatically fill the wrong mail address when you send an e-mail.
-------------
Product Development and Innovation (PDI) - Telefonica Digital
website: www.tid.es<http://www.tid.es>
email: jhierro at tid.es<mailto:jhierro at tid.es>
twitter: twitter.com/JuanjoHierro
FI-WARE (European Future Internet Core Platform) Coordinator
and Chief Architect
You can follow FI-WARE at:
website: http://www.fi-ware.eu
facebook: http://www.facebook.com/pages/FI-WARE/251366491587242
twitter: http://twitter.com/FIware
linkedIn: http://www.linkedin.com/groups/FIWARE-4239932
On 23/06/13 09:23, Suzanne Erez wrote:
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<mailto: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
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.
From: Juanjo Hierro <jhierro at tid.es><mailto:jhierro at tid.es>
To: "fiware-legal at lists.fi-ware.eu"<mailto:fiware-legal at lists.fi-ware.eu>
<fiware-legal at lists.fi-ware.eu><mailto: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<mailto: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<http://www.tid.es>
email: jhierro at tid.es<mailto:jhierro at tid.es>
twitter: twitter.com/JuanjoHierro
FI-WARE (European Future Internet Core Platform) Coordinator
and Chief Architect
You can follow FI-WARE at:
website: http://www.fi-ware.eu
facebook: http://www.facebook.com/pages/FI-WARE/251366491587242
twitter: http://twitter.com/FIware
linkedIn: http://www.linkedin.com/groups/FIWARE-4239932
Este mensaje se dirige exclusivamente a su destinatario. Puede consultar
nuestra política de envío y recepción de correo electrónico en el enlace
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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: FIWARE OIL
Terms and Conditions v1.0 13-06-22.docx)
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