[Fiware-pcc] Red.es and OpenLab

[Juanjo Hierro]

On 16/07/12 17:48, Fasse, Axel wrote:
Dear Juanjo,

for a few minutes I have read the minutes again and I want to make some comments about the following AP.

AP - There is a MoU that Telefonica and Red.es should sign which should
establish that Red.es has rights to use the software to be able to run the FI-WARE
Testbed and support the FI-WARE OpenLab related activities foreseen as part of
FI-PPP program, but only those.

I am not a legal expert, but I think it will be OK to allow Red.es the deployment and the operations of the FI-PPP Software and the operations of the TestBed.
  Fine but let's be precise ...

  What will be operated by Red.es is the infrastructure on top of which FI-WARE will be deployed, configured, run and operated by FI-WARE partners.   Note that both the infrastructure provided by Red.es and the FI-WARE software deployed on top of it, is what conforms the FI-WARE Testbed.   Red.es will deploy, configure and operate only the infrastructure but not the FI-WARE software.

  Concretely, these were the list of activities that it was agreed that Red.es would perform:

o    Support in the design of the physical infrastructure of the FI-WARE Testbed/OpenLab (number and characteristics of equipments to be placed, as well as how they will be setup)
o    Coordination of activities linked to the process of public adquisition of the equipments linked to the physical infrastructure of the FI-WARE Testbed/OpenLab
o    Housing of the physical infrastructure linked to the FI-WARE Testbed/OpenLab (basic services to be provided linked to the DataCenter where the physical infrastructure will be deployed)
o    Connectivity of the DataCenter where the physical infrastructure will be deployed to Internet
o    Basic DataCenter operation support
o    Support to dissemination events physically located in the place where the FI-WARE Testbed and OpenLab would be physically located (i.e., Sevilla): inaguration of the testbed, etc.


  Given said this, and given the fact that they will become partners of FI-WARE, we believe it would be also nice to allow them to add resources to support in activities linked to operation of FI-WARE GEs (e.g., monitoring FI-WARE GEs are up and running using the same tools they use to monitor the physical infrastructure)   ... but that was not their major mission.    If we agree with that, we may try to add additional items in the list above and to involve them as partners in WP10 responsible of certain activities in that WP beyond deployment, configuration and operation of the physical infrastructure.   I believe it would go on our own benefit, so we may try to convince them :-)

But I think it is very important to exclude the right to provide/operate/support the TestBed for non PPP Partners.

  I'm not sure what you mean here.

  Usage of the Testbed for experimentation by non PPP partners will only be feasible once we setup the FI-WARE Open Innovation Lab (which essentially equals to the FI-WARE Testbed opened to third parties for experimentation).

  In this respect, Red.es should also have the same rights (and obligations) regarding the FI-WARE Open Innovation Lab as it would have with the Testbed: deployment, configuration and operation of the physical infrastructure.


Beside this, they do not have the right to use the PPP-Partner Software for their own company and processes. This topic should be made transparent within you (TID) MoU with Red.es.


  We may add clauses to the MoU to be signed with Red.es where we state that PPP-Partners' software will not be used by Red.es for their own company and processes.

  We may also add clauses to the MoU that make explicit that third parties will not be able to use the FI-WARE Testbed or Open Innovation Lab for anything other than experimentation of Future Internet Applications, explictly excluding the ability to use them to support their companies' operations, commercial services or internal processes.   In this respect, we may add to the MoU that Red.es should grant that usage of the FI-WARE Testbed and Open Innovation Lab will comply with this rule (more details below).

Beside this I would suggest that we use a three phase-approach for the communication with the legal departments to get an approaval for the TestBed running at Red.es.
Phase one: Red.es hosts and operates the TestBed only for PPP partners
Phase two: We finalize the creation of the binding OpenLab Legal Contract and ask again for the allowance of the legal departments to run the TestBed (Open InnovationLab) using this contract at Red.es.
Phase three: Install the Software in the Open Innovation Lab and provide this Lab to external partners that have signed the binding legal contract
 I think with this approach we might have a chance to finalize the most important issues within the timeframe that avoids any delays in the project.

  I fundamentally agree with this but I believe that we can sign a MoU with Red.es now that closes all this in one shot, stating that they will warrant that usage of the FI-WARE Open Innovation Lab will only be granted to those non-PPP partners that declare to know and agree with the Legal Terms and Conditions that will be established regarding usage of the Open Innovation Lab in the context of the FI-PPP Program.   These Legal Terms and Conditions can be defined  after signing the MoU.

  I assume that we all agree that the Legal Terms and Conditions should be mostly focused in regulating that the FI-WARE Open Innovation Lab should be only used for experimentation purposes, that support will be best-effort, that liabilities by FI-WARE partners will be limited, etc.

  Note that the Open Innovation Lab is nothing different that the FI-WARE Testbed but with access extended to non-PPP partners.  Therefore, your proposed phase three simply consists in giving access to any third party that declares to know and agree with the Legal Terms and Conditions that will be established.

  Cheers,

-- Juanjo

Best regards,

  Axel





---------------------------

Axel Fasse
Senior Researcher
SAP Research Karlsruhe

SAP AG
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E axel.fasse at sap.com<mailto:axel.fasse at sap.com>

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