Re: [jakarta.ee-spec.committee] Recent Edits

[Mike Milinkovich <mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx>]

Steve,

Excellent questions.

I guess this will boil down to how different to we want to make this from the status quo. Where the "we" in that sentence includes some of the large patent portfolio owners involved in these discussions.


On 2018-05-22 5:22 AM, Steve Millidge (Payara) wrote:

Hi Mike,

 

The patent rights stands out for me.

 

Patent rights should be granted via the EFSL. Tying them to the Trademark License Agreement means it will be impossible to build an Independent Implementation without also licensing the brand. It should be possible to build an Independent Implementation that passes the TCK and to release that out to the world without becoming a trademark licensee as long as the Jakarta EE brand is not used.

 

Also given the tie of the Brand to Profiles. As currently written patent rights would not be acquired unless you could put together a Compatible Implementation of a Profile. This would prevent an Independent Implementation of a single Specification acquiring patent rights.

 

All in all EFSL should grant copyright and patent rights for the creation of Independent Implementations. EFTLA should grant use of the Jakarta EE trademarks for the branding of Compatible Implementations.

 

Steve

 

From: jakarta.ee-spec.committee-bounces@xxxxxxxxxxx <jakarta.ee-spec.committee-bounces@xxxxxxxxxxx> On Behalf Of Mike Milinkovich
Sent: 22 May 2018 01:00
To: Jakarta specification committee <jakarta.ee-spec.committee@xxxxxxxxxxx>
Subject: [jakarta.ee-spec.committee] Recent Edits

 

All,

As a reminder, we agreed to not have a call this Friday.

I made a few --- but quite significant --- edits to the document, which I have pasted below. I was hoping that we could make some progress on these topics via email in the interim.

I would like to mention that the purpose of requiring a Participation Agreement from all parties is to ensure that the specification process is not gamed by bad actors. It is important that there be a perfectly level playing field for all participants. This point may be obvious to some, but not all of you. 

Thanks.

---

Participation

Participation in a Specification Project will be limited to parties (the “Participants”) covered under a <<Working Group>> Participation Agreement that will document the intellectual property contributions to the specifications. All Participants with a representative on a Specification Project will grant royalty-free licenses to any Essential Claims (i.e. patent rights) which apply to any Compatible Implementation.

Branding and Certification

There may be multiple Specification Implementations. Compatible Implementations may make use of Specification Implementations.

 

TCKs must be made available under an open source license. For each Specification Version there will be a single corresponding TCK version which must be used to test each Compatible Implementation

 

Specification Documents will be made available under an Eclipse Foundation Specification License (EFSL) that will clearly license all necessary copyright rights to enable independent implementations.

 

 

The Brand will be licensed by the Eclipse Foundation for Compatible Implementations of Profiles using an Eclipse Foundation Trademark License Agreement (EFTLA). This EFTLA will contain some TBD commercial terms to ensure the sustainability of working groups which have adopted the specification process. The EFTLA will also be the mechanism by which Compatible Implementations are licensed all patent rights granted by the Participants.

 

--
Mike Milinkovich
mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx
(m) +1.613.220.3223

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--
Mike Milinkovich
mike.milinkovich@xxxxxxxxxxxxxxxxxxxxxx
(m) +1.613.220.3223