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.
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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.
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The contributor acknowledges that OASIS has no duty to
publish or otherwise use or disseminate any contribution.
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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).
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The contributor represents that contributions properly
acknowledge major contributors.
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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.
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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.
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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.
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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)
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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.
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(B)
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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.
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(C)
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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.
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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)
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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."
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(B)
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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."
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(C)
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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."
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(D)
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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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