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Re: [] Upcoming Vote of the Membership

On 04/08/2015 12:02 PM, Neil Bartlett wrote:
I don’t see an actual proposal here to be voted upon.

This email thread is just the heads up that a vote is coming. The actual vote, with credentials, etc. will be starting next week. The text of the ballot will be largely based on the Board-approved resolution included in the FAQ portion of my original email.

You say that the agreement can be modified to allow prospective government members to choose a jurisdiction for dispute resolution, but haven’t specified which jurisdictions may be on the table.

You may be an email or two behind. The concrete example on the table is United States federal law.

If a prospective member proposes a certain jurisdiction, who will decide whether it is acceptable or not?

As per the Board resolution, the decision will be made by the Executive Director, after review by and advice from our attorneys. A report of all such exceptions will be provided to the Board. As I mentioned previously the key principle will be that all our members, including any such new members, will be bound by the same terms and conditions as everyone else.

It seems relatively innocuous for a US agency to choose US federal law. But would an agency of, say, the Chinese government be able to choose a Chinese court for settling disputes? I’m no lawyer, and certainly not a specialist in international intellectual property issues, but couldn’t such a scenario significantly weaken the patent and copyright protections afforded to existing members?

An excellent point. We would most likely reject such an application for exactly those reasons. Just the costs of doing a proper legal review under Chinese law would make such an application untenable. However, I would point out that the vast majority of copyright and patent protection within the Eclipse ecosystem stems from the EPL, not from the terms of the membership agreement. The terms of the membership agreement itself are actually pretty simple, and explicitly defers intellectual property licensing matters to the EPL.

Hope that helps.

Mike Milinkovich
+1.613.220.3223 (mobile)

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