Dear all, Just to keep you informed about the progress of this matter and keep you aware in case people from your legal department approach you with questions. After quite a long period, we believe at TID that we have managed to finalize the wording of the Legal Notices that will accompany the FI-WARE GE Open Specifications. Please find enclosed the consolidated drafts, reflecting all gathered comments from the different legal representatives, if you are interested. A very final round has been setup to get these legal notices definitively closed by next Wednesday May 22nd. In the meantime, we have created two new pages on the wiki that will contain the final wording for the two valid Legal Notices by EOB May 22nd and currently contain the current draft (which we consider 95% of probabilities final and certainly more polished than the versions being used so far): * FI-WARE Open Specification Legal Notice (essential patents license): http://forge.fi-ware.eu/plugins/mediawiki/wiki/fiware/index.php/FI-WARE_Open_Specification_Legal_Notice_(essential_patents_license) * FI-WARE Open Specification Legal Notice (implicit patents license): http://forge.fi-ware.eu/plugins/mediawiki/wiki/fiware/index.php/FI-WARE_Open_Specification_Legal_Notice_(implicit_patents_license) It is our intention to start submitting the Open Specifications deliverable immediately after May 22nd (of course, each WP once it has already finished all the planned peer-reviews). As I have said, that day we expect that the wording of the Legal Notices will be actually finished so we will update the contents of the wiki pages above accordingly. We highly encourage you to update the wiki pages associated to your specifications in the meantime, as to point to one of the above legal notices wiki pages, replacing the current links to interim legal notices used up to now. That way, when we start submitting the deliverables, they several FI-WARE GE Open Specifications will be referring to any of the two wiki pages above. Which of the two Legal Notices to use is up to you. For the sake of your information, IBM and Telefonica will use the legal notice with implicit patents license while, as far as I understand, SAP is going to use the legal notice with essential patents license. Telefónica recommends to use the legal notice with implicit patents license but, again, feel free to use the one that is more suitable to you. We will deal with deliverables this way but after May 22nd and before closing FI-WARE Release 2 (end of June) we will see how to comply with one of the requirements from some of the attorneys that have to do with making the copyright holders and the text of the Legal Notice become an integral part of the FI-WARE Open Specifications (or at least create a dedicated wiki page associated to a personalized Legal Notice per specification with the name of the specification, the name of the copyright holders and the text of the Legal Notice). We will provide detailed instructions about the changes to implement at wiki level to cope with this requirement. But, again, this can wait until after we have submitted the deliverables, which is the very urgent thing now. Last but not least, one detail: as you would be able to see in the attached emails, some attorneys of some partners have surprisingly raised the question about the public and royalty-free nature of FI-WARE GE Open Specifications ... This, I have to confess, has astonished me in the first place because this is a very fundamental principle in FI-WARE that was not only stated in the DoW but also in the Consortium Agreement. Therefore, I have replied to those attorneys that this was not a matter of discussion and if they have any doubt in that respect, they should approach their technical/management representative so that they solve whatever doubt they may have. Just wanted to let you know this in case that they approach you on the matter. As you can see, I have clearly stated that we will have to inform the EC about those who won't comply with this basic rule so they have to balance the consequences. Best regards, -- Juanjo -------- Original Message -------- Subject: Re: [Fiware-legal] FI-WARE LEGAL NOTICE Date: Thu, 16 May 2013 18:45:53 +0200 From: Juanjo Hierro <jhierro at tid.es><mailto:jhierro at tid.es> To: LUIS GARCIA GARCIA <lgg at tid.es><mailto:lgg at tid.es>, "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> On 16/05/13 15:48, LUIS GARCIA GARCIA wrote: Dear all, ... No modifications have been introduced affecting the Royalty free character of this Legal Notice. This RF nature is in the essence of this project and in accordance with the FI-WARE Grant Agreement and Consortium Agreement and cannot be a matter of discussion. It's a very fundamental principle of this project that was agreed even at proposal preparation time (i.e., 3 years ago). Hi all, I would like to emphasize this last statement by Luis. Actually, breaking the public and royalty-free nature of FI-WARE GE Open Specifications would be considered a infringement of the FI-WARE contract (Grant Agreement) and would certainly be considered in the approval or rejection of reported costs. Note that neither Luis nor me intend to respond any message from anyone questioning this. It's absolute out of questioning and we will not spend any more minute on the matter and we wouldn't recommend that you spend any minute either. I'm pretty sure that the technical and business managers from every partner are fully aware of this very basic principle in FI-WARE, so if you still have some doubts, you just need to double-check with them. I also want to emphasize that the deadline of Wednesday 22nd is absolutely final. We intend to close the wording of the Legal Notices at that date unless someone finds a big mistake/issue everyone would agree that has to be fixed (honestly, I can't guess which). Actually, we believe that the current draft is perfectly valid and complete. Of course, the path towards absolute perfection never ends, but precisely because we will be able to evolve contents of the Legal Notice in the future if found necessary, it's time to close NOW a first valid version of the Legal Notices that we can attach to the FI-WARE Open Specifications. Immediately afterwards, we will provide instructions as to attach one of the two defined Legal Notices to each of the FI-WARE GE Open Specifications. We will then define a deadline for binding the FI-WARE GE Open Specifications to any of the defined Legal Notices after which we will report to the EC what are the FI-WARE GE Open Specifications for which such request has not been met. The corresponding Copyright Holders will have to measure the consequences of not complying this request by the coordinator and the subsequent reaction by the EC. Best regards, -- Juanjo ------------- 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 situado más abajo. 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 ________________________________ Este mensaje se dirige exclusivamente a su destinatario. Puede consultar nuestra política de envío y recepción de correo electrónico en el enlace situado más abajo. 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 -------------- next part -------------- An HTML attachment was scrubbed... URL: <https://lists.fiware.org/private/fiware-wpa/attachments/20130521/9b5ce7d9/attachment.html> -------------- next part -------------- _______________________________________________ Fiware-legal mailing list Fiware-legal at lists.fi-ware.eu https://lists.fi-ware.eu/listinfo/fiware-legal -------------- next part -------------- An embedded message was scrubbed... From: LUIS GARCIA GARCIA <lgg at tid.es> Subject: FI-WARE LEGAL NOTICE Date: Thu, 16 May 2013 15:48:45 +0200 Size: 118688 URL: <https://lists.fiware.org/private/fiware-wpa/attachments/20130521/9b5ce7d9/attachment.eml>
You can get more information about our cookies and privacy policies clicking on the following links: Privacy policy Cookies policy