[Fiware-pcc] URGENT and IMPORTANT: Management of publications in FI-WARE

Juanjo Hierro jhierro at tid.es
Fri Aug 19 09:49:43 CEST 2011


Hi all,

  We are trying to close the Consortium Agreement (legal framework) for the project and there is a change I have requested to introduce in the CA that I believe would be important to introduce if we do not want to fall in a bureaucracy for approval of publications that will simply make our work far from effective.

  Our proposal is that GE open specifications, which are probably the most critical, keep the need for a period of 30 days within which parties can review things and make objections.   However, for public deliverables of the project (e.g., the FI-WARE High-level Description) it would be 10 working days and, rather important, we say that the PCC (i.e., all of us) should decide on what process to implement for governance of updates on the FI-WARE website.

  In previous version of the CA, it was established that other publications would require 20 days of revision by the parties.   That lead to the issue that the FI-WARE High-level Description (or any change to it) could not be released to the UC projects until 20 days, far for practical.   But it would be worse, it would imply that any change on the website (since it means releasing content to the public) would require 20 days !

  You may argue that ALL EU FP projects constantly skip governance of similar rules in practice, but ... should we be breaking the rules of the CA we are signing if we can fix it in advance ?

  Maybe your attorneys will contact you in order to know whether this proposal is acceptable.   I hope you will give them a positive answer.   Honestly speaking, the question about the website scares me.   The issue about keeping 20 days for public deliverables we need to share with UC projects makes thing unnecessarily difficult, 10 working days should be more than enough given the fact that are documents on which all of us are supposed to be working during a long period.

  Following is the text of the CA we are proposing.   Changes with respect to the previous version (for which general consensus was reached) are marked in blue.   They only mean adding a clause c in section 4.4.1 of the CA.

  Best regards,

-- Juanjo

4.4.1 Publications

  No Party shall have the right to publish or allow the publishing of any data which constitutes Foreground, Sideground, Background or Confidential Information of another Party, even where such data is amalgamated with such first Party's Foreground, Sideground, Background or other information, document or material. Any such publication without such other Party's written agreement justifies, in addition to any other available remedies, objection to the publication by the Party concerned in accordance with GA Article II.30.3.

a.- A copy of any   draft  of FIWARE Generic Enabler specifications shall be sent to the Project Coordinator and by the Project Coordinator to the Parties at the earliest time possible. Any of the Parties may object to the publication within 30 days after receipt of a copy of the proposed publication on any of the following grounds: (i) that they consider that the protection of the objecting Party's Foreground would be adversely affected by the proposed publication, (ii) that the proposed publication includes the Confidential Information of the objecting Party, or (iii) the publication of such information would be contrary to the commercial interests of the objecting Party. The proposed publication shall not take place until the expiry of the above period of 30 days. In the absence of any objection within the above mentioned period, it is deemed that the Parties agree to the proposed publication. Following the end of the above mentioned period, the Project Coordinator shall inform the Parties whether or not any objection has been received. Objections to publication of the final specifications of a Generic Enabler Specification will not apply if there were no objections to previously distributed drafts of FIWARE Generic Enabler Specifications, unless the changes between the draft and final version of the FIWARE Generic Enabler Specifications precisely provide the ground for the objection to publish the final version.
In the event that an objection is raised on any of the above defined grounds within the above period of 30 days, the Party proposing the publication and the Party objecting shall seek in good faith to agree a solution on a timely basis, that will not exceed of 30 days, whereby such objection is resolved. In case that the objection raised affects the publication of the FIWARE Generic Enabler Specifications (as defined in this Consortium Agreement) if no solution is found within the term established in this paragraph, the parties will submit the controversy to the General Assembly, which decision will be final and binding and in accordance with the confidentiality provisions established in this Consortium Agreement.

b.- The same rules as in 4.4.1.(a) shall apply for any other proposed publication in connection with or relating to the Project, but for such publications a period of 20 days shall be applicable.

c.- The same rules as in 4.4.1.(a) shall apply for any proposed publication of the Public Deliverables of the Project, but for such publications a period of 10 days shall be applicable. In case of publications in the web site (www.fi-ware.eu<http://www.fi-ware.eu>), the Board may decide to apply a shorter term.


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