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バージョン
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承認日付
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有効日付
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現行
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2005年1月20日
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2005年4月15日
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The following OASIS IPR Transition Policy is effective as of 15
April 2005. It governs the manner in which the OASIS IPR Policy adopted
on 20 January 2005 will apply to the operation of OASIS Committees
formed prior to that date. A non-normative overview of this OASIS IPR Transition Policy
is available, as a supplemental resource, in the OASIS IPR Transition FAQ.
Definitions:
Transition Approval Ballot: The ballot used by TC Qualified
Members to approve a TC's transition to a new IPR Mode.
Transition Request: A request from the TC Individual Voting
Members to the TC Administrator to conduct a Transition Approval
Ballot for a particular TC.
TC Qualified Member: A TC Qualified Member is either a TC
Individual Voting Member or an OASIS Organizational Member that
has at least one voting member in the TC at the time the TC Individual
Voting Members approve the Transition Request.
1. Key Objectives for Transition
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Encourage all OASIS members to sign the new OASIS Membership
Agreement and thereby agree to the new IPR Policy as quickly
as possible.
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Provide a straightforward mechanism for existing TCs to transition
to the new IPR Policy.
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Ensure that all TCs operate under either the new or old IPR
Policy, while respecting the need for TCs to complete their
deliverables on schedule.
2. Membership Transition
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Once the new IPR Policy is in effect, new OASIS members must
sign the new Membership Agreement in order to join OASIS.
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Existing OASIS members are encouraged to sign the new Membership
Agreement as soon as possible, regardless of their membership
renewal date. Signing the new Membership Agreement before the
scheduled membership renewal date does not change the member's
membership year.
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In order to continue their membership, all existing OASIS members
must sign the new Membership Agreement before or at their next
membership renewal date which occurs on or after the new IPR
Policy effective date.
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OASIS members who have signed the new Membership Agreement
are allowed to participate in TCs operating under either the
new IPR Policy or the old IPR Policy. In TCs that have not yet
transitioned to the new IPR Policy, all TC members will continue
to be subject to the old IPR Policy with respect to such TCs,
even those who have signed the new Membership Agreement.
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OASIS members who have not signed the new Membership Agreement
are allowed to participate only in TCs operating under the old
IPR Policy.
3. TC Transition
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Once the new IPR Policy is in effect, all new TCs must be formed
under the new IPR Policy.
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An existing TC can begin its transition to the new IPR Policy
only after 50% of its TC Qualified Members have agreed to the
new IPR Policy by signing the new Membership Agreement.
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Once a TC has reached the 50% threshold, it may conduct a vote
to submit a Transition Request to operate under the new IPR
Policy. The Transition Request must specify one of the IPR Modes
under the new IPR Policy as the one under which the TC wishes
to operate, and must be approved by a majority of the votes
cast by the TC Voting Members (as per regular TC voting procedure)
before it can be sent to the TC Administrator.
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Existing TCs that have the special Board approved RF language
can specify only one of the two RF modes (RF on RAND Terms,
RF on Limited Terms) in their Transition Request.
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Each Transition Approval Ballot must be preceded by a Transition
Request Ballot. There is no limit (other than the time limit
specified below in 3.10) to the number of Transition Request
and Transition Approval Ballots that a TC may conduct until
a Transition Approval Ballot succeeds.
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Only TC Qualified Members may vote in a Transition Approval
ballot, and each may cast only a single vote. The ballot will
allow for YES, NO, or ABSTAIN votes.
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Approval of a Transition Approval Ballot requires i) a minimum
of 50% of all TC Qualified Members to vote, ii) no NO votes
cast and iii) one or more YES votes.
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The Transition Approval Ballot is conducted by the TC Administrator.
The ballot will remain open for a period of fourteen (14) calendar
days. The TC Administrator shall notify all TC Qualified Members
of the result of the Transition Approval Ballot ("Approval Notification").
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If a Transition Approval Ballot passes, the TC shall start
operating under the selected IPR Mode on the TC Transition Effective
Date which shall be fourteen (14) days after the Approval Notification
provided for in section 3.8, and any subsequent change to the
IPR Mode must be effected as described in the OASIS TC Process
document. The TC Transition Effective Date shall also be deemed
to be the withdrawal date from that TC for any TC member that
has not signed the new Membership Agreement by such date.
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Existing TCs that reach the threshold but do not have a successful
Transition Approval Ballot may continue operating under the
old IPR Policy for as long as it takes them to complete all
their deliverables, or until two (2) years have passed since
the effective date of the IPR Policy, whichever comes first.
Otherwise they will be closed by the TC Administrator. Any exceptions
to this must be approved by the OASIS Board of Directors, whose
decision is final.
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As a special case for the purpose of determining a Participation
Obligation, as of the TC Transition Effective Date TC Parties
which are determining their Participation Obligation as specified
in IPR Policy section 9.2 shall have their sixty (60) calendar
day period reduced by the number of calendar days since the
date the new IPR Policy became effective and in which they were
represented on the TC in transition.
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