OASIS Protects Open Source Developers From Software Patents [on Simon Phipps, SunMink] - 0 views
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OASIS seems to have taken it to heart, because it has today announced what looks to me like the perfect basis for technology standards in an open source world.Their new rules2 include a new "mode" which standards projects can opt into using. In this new mode, all contributors promise that they will not assert any patents they may own related to the standard the project is defining. Contributors make this covenant:Each Obligated Party in a Non-Assertion Mode TC irrevocably covenants that, subject to Section 10.3.2 and Section 11 of the OASIS IPR Policy, it will not assert any of its Essential Claims covered by its Contribution Obligations or Participation Obligations against any OASIS Party or third party for making, having made, using, marketing, importing, offering to sell, selling, and otherwise distributing Covered Products that implement an OASIS Final Deliverable developed by that TC.
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The covenant described in Section 10.3.1 may be suspended or revoked by the Obligated Party with respect to any OASIS Party or third party if that OASIS Party or third party asserts an Essential Claim in a suit first brought against, or attempts in writing to assert an Essential Claim against, a Beneficiary with respect to a Covered Product that implements the same OASIS Final Deliverable.
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There's a redline PDF document showing the changes - the new stuff is mainly in section 10, although other areas had to be changed to match as well, I gather.
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This new technical committee IPR mode may not make much sense to the legally-inclined without reading the new section 2.7 definition of "Covered Product." There we learn that the patent covenant extends only so far as the implementation is conformant with the standard. I count that as a good thing, curing a defect in the Sun Covenant Not to Sue in regard to ODF, which at least arguably extended far enough to confer immunity on those who embrace and extend a standard. But the reciprocity provision allowing contributors to counter-sue for infringement if sued clashes with many definitions of an "open standard" adopted by governmental entities for procurement purposes. So a question remains as to who must bend, government or OASIS members.