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[xacml] OASIS IPR policy statement - just in case anyone hasn't readit.. .
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ABOUT OASIS
OASIS Policy on Intellectual Property
Rights
(OASIS.IPR)
Board of
Directors
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Advisory Board
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Property
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OASIS.IPR.1. General Policy
In all matters of
intellectual property rights and procedures, the intention is
to benefit the public at large, while respecting the
legitimate rights of others.
OASIS.IPR.2 Confidentiality Obligations
No
contribution that is subject to any requirement of
confidentiality or any restriction on its dissemination may be
considered in any part of the OASIS Standards Process, and
there must be no assumption of any confidentiality obligation
with respect to any such contribution. No submission should be
made on the basis of an assumed confidentiality obligation or
restriction on dissolution.
OASIS.IPR.3. Rights and Permissions
In the course
of standards work, OASIS receives contributions in various
forms and from many persons. To best facilitate the
dissemination of these contributions, it is necessary to
understand any intellectual property rights (IPR) relating to
the contributions.
OASIS.IPR.3.1. All Contributions
By submission of
a contribution, each person actually submitting the
contribution is deemed to agree to the following terms and
conditions on his own behalf, on behalf of the organization
(if any) he represents and on behalf of the owners of any
proprietary rights in the contribution. Where a submission
identifies contributors in addition to the contributor(s) who
provide the actual submission, the actual submitter(s)
represent that each other named contributor was made aware of
and agreed to accept the same terms and conditions on his own
behalf, on behalf of any organization he may represent and any
known owner of any proprietary rights in the contribution.
Some works (e.g. works of the U.S. Government) are not
subject to copyright. However, to the extent that the
submission is or may be subject to copyright, the
contributor, the organization he represents (if any) and the
owners of any proprietary rights in the contribution, grant
an unlimited perpetual, non-exclusive, royalty-free,
world-wide right and license to OASIS under any copyrights
in the contribution. This license includes the right to
copy, publish and distribute the contribution in any way,
and to prepare derivative works that are based on or
incorporate all or part of the contribution, the license to
such derivative works to be of the same scope as the license
of the original contribution.
The contributor acknowledges that OASIS has no duty to
publish or otherwise use or disseminate any
contribution.
The contributor grants permission to reference the
name(s) and address(es) of the contributor(s) and of the
organization(s) he represents (if any).
The contributor represents that contributions properly
acknowledge major contributors.
The contributor, the organization (if any) he represents
and the owners of any proprietary rights in the
contribution, agree that no information in the contribution
is confidential and that OASIS and its affiliated
organizations may freely disclose any information in the
contribution.
The contributor represents that he has disclosed the
existence of any proprietary or intellectual property rights
in the contribution that are reasonably and personally known
to the contributor. The contributor does not represent that
he personally knows of all potentially pertinent proprietary
and intellectual property rights owned or claimed by the
organization he represents (if any) or third parties.
The contributor represents that there are no limits to
the contributor's ability to make the grants,
acknowledgments and agreements above that are reasonably and
personally known to the contributor.
By ratifying this document, OASIS warrants that it will
not inhibit the traditional open and free access to OASIS
documents for which license and right have been assigned
according to the procedures set forth in this section. This
warrant is perpetual and will not be revoked by OASIS or its
successors or assigns.
OASIS.IPR.3.2. OASIS Specifications
(A)
Where any patents, patent applications, or other
proprietary rights are known, or claimed, with respect
to any specification developed within the OASIS process,
and are formally brought to the attention of the OASIS
Board of Directors, the OASIS Board of Directors shall
not advance the specification without including in the
document a note indicating the existence of such rights,
or claimed rights. Where implementations are required
before advancement of a specification, only
implementations that have, by statement of the
implementors, taken adequate steps to comply with any
such rights, or claimed rights, shall be considered for
the purpose of showing the adequacy of the
specification.
(B)
The OASIS Board of Directors disclaims any
responsibility for identifying the existence of or for
evaluating the applicability of any claimed copyrights,
patents, patent applications, or other rights, and will
take no position on the validity or scope of any such
rights.
(C)
Where the OASIS Board of Directors is formally
notified of rights, or claimed rights under (A), the
OASIS Executive Director shall attempt to obtain from
the claimant of such rights a written assurance that
upon approval by the OASIS Board of Directors of the
relevant OASIS specification(s), any party will be able
to obtain the right to implement, use and distribute the
technology or works when implementing, using or
distributing technology based upon the specific
specification(s) under openly specified, reasonable,
non-discriminatory terms. The technical committee
proposing the use of the technology with respect to
which the proprietary rights are claimed may assist the
OASIS Executive Director in this effort. The results of
this procedure shall not affect advancement of a
specification through the OASIS process, except that the
OASIS Board of Directors may defer approval where a
delay may facilitate the obtaining of such assurances.
The results will, however, be recorded by the OASIS
Executive Director, and made available. The OASIS Board
of Directors may also direct that a summary of the
results be included in any OASIS document published
containing the specification.
OASIS.IPR.3.3 Determination of Reasonable and
Non-discriminatory Terms
The OASIS Board of Directors
will not make any explicit determination that the assurance of
reasonable and non-discriminatory terms for the use of a
technology has been fulfilled in practice. It will instead use
the normal requirements for the advancement of OASIS
specifications to verify that the terms for use are
reasonable.
OASIS.IPR.4. Notices
(A)
OASIS specifications shall include the following
notice:
"OASIS takes no position regarding the validity
or scope of any intellectual property or other rights
that might be claimed to pertain to the implementation
or use of the technology described in this document or
the extent to which any license under such rights might
or might not be available; neither does it represent
that it has made any effort to identify any such rights.
Information on OASIS's procedures with respect to rights
in OASIS specifications can be found at the OASIS
website. Copies of claims of rights made available for
publication and any assurances of licenses to be made
available, or the result of an attempt made to obtain a
general license or permission for the use of such
proprietary rights by implementors or users of this
specification, can be obtained from the OASIS Executive
Director."
(B)
OASIS encourages all interested parties to bring to
its attention, at the earliest possible time, the
existence of any intellectual property rights pertaining
to OASIS specifications. For this purpose, each OASIS
specification shall include the following invitation:
"OASIS invites any interested party to bring to
its attention any copyrights, patents or patent
applications, or other proprietary rights which may
cover technology that may be required to implement this
specification. Please address the information to the
OASIS Executive Director."
(C)
The following copyright notice and disclaimer shall
be included in all OASIS specification-related
documentation:
"Copyright (C) OASIS Open (date). All Rights
Reserved.
This document and translations of it may be
copied and furnished to others, and derivative works
that comment on or otherwise explain it or assist in its
implementation may be prepared, copied, published and
distributed, in whole or in part, without restriction of
any kind, provided that the above copyright notice and
this paragraph are included on all such copies and
derivative works. However, this document itself may not
be modified in any way, such as by removing the
copyright notice or references to OASIS, except as
needed for the purpose of developing OASIS
specifications, in which case the procedures for
copyrights defined in the OASIS Intellectual Property
Rights document must be followed, or as required to
translate it into languages other than English.
The limited permissions granted above are
perpetual and will not be revoked by OASIS or its
successors or assigns.
This document and the information contained
herein is provided on an "AS IS" basis and OASIS
DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO ANY WARRANTY THAT THE USE OF THE
INFORMATION HEREIN WILL NOT INFRINGE ANY RIGHTS OR ANY
IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE."
(D)
Where, pursuant to a notification under this Policy,
the OASIS Board of Directors is aware at the time of
publication of proprietary rights claimed with respect
to an OASIS specification, or the technology described
or referenced therein, such specification shall contain
the following notice:
"OASIS has been notified of intellectual property
rights claimed in regard to some or all of the contents
of this specification. For more information consult the
online list of claimed rights."
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