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Re: [ontology-summit] Ontolog IPR issues

To: Ontology Summit 2008 <ontology-summit@xxxxxxxxxxxxxxxx>
From: "Peter P. Yim" <peter.yim@xxxxxxxx>
Date: Mon, 05 May 2008 15:41:16 -0700
Message-id: <481F8D0C.1010306@xxxxxxxx>
ERRATA:    (01)

The heading for "2." should have read:    (02)

"2. Thoughts on *the Letter of the Ontolog IPR Policy* and IPR 
protection in general"    (03)

(corrected below)    (04)

=ppy
--    (05)


Peter P. Yim wrote Mon, 05 May 2008 15:24:16 -0700:  [updated]
> All,
> 
> 
> There's been recent discussions relating to Intellectual Property 
> Rights (IPR) and work posted to the Ontolog collaborative 
> environment after a member of the community felt that her IPR has 
> been infringed upon. While that member's concerns were mainly 
> directed towards a particular initiative (and therefore, I will 
> try respond separately), others have suggested we take the 
> opportunity to clarify Ontolog's position in relation to IPR 
> issues. This is my attempt to make such clarification, and hope 
> that we all emerge with better alignment in our understanding of 
> the subject.
> 
> I am not a lawyer ("IANAL" ... I just learned that through 
> ChrisMenzel's recent post), therefore, anyone who has issues with 
> what is said here is advised to consult an IP professional on the 
> matter.
> 
> I will try to address the matter from what I envisage, both from 
> the *spirit* and from the *letter* of Ontolog's IPR Policy, 
> which, by the way, has hardly changed since Ontolog was started 
> in 2002.
> 
> 1. *The Spirit of the Ontolog IPR Policy*
> 
> Ontolog is constituted as an "open, international, virtual 
> community of practice" (ref. 
> http://ontolog.cim3.net/cgi-bin/wiki.pl?WikiHomePage#nidB ). 
> Therefore, one can almost take "open" as our firstname, and 
> "community of practice" as our lastname. What we are trying here, 
> in a nutshell, is to foster sharing and collaboration, and to 
> facilitate the building of a collective body of knowledge that 
> can stay "free" and "open."
> 
> 
> By "open," as our very simple IPR policy states: (ref.
> http://ontolog.cim3.net/cgi-bin/wiki.pl?WikiHomePage#nid32 )
> 
> //
> Intellectual Property Rights (IPR) Policy    (32)
> 
>     * the [ontolog-forum] is chartered to be an OPEN forum. As 
> such, all contribution to this forum by its community membership 
> shall have been made under an open content license, open 
> publication license or one of the free software or open source 
> licenses. (See also: http://en.wikipedia.org/wiki/free_content) 
>    (33)
> 
>        o unless otherwise specified, content within the 
> [ontolog-forum] collaborative work environment shall be subject 
> to OpenContent License (OPL), Version 1.0, July 14, 1998 or its 
> successor. (see http://opencontent.org/opl.shtml)    (34)
> 
>        o when in doubt, IPR matters relating to the 
> [ontolog-forum] default to the OASIS IPR policy (in accordance 
> with the processes defined in our reconstitution of September 
> 2002.)    (35)
> 
>        o those who are unable to contribute under the above 
> licensing arrangements should refrain from contributing to the 
> [ontolog-forum] content.    (36)
> //
> 
> Our membership policy also states: (ref.
> http://ontolog.cim3.net/cgi-bin/wiki.pl?WikiHomePage#nid1J )
> 
> //
> * this is an OPEN, virtual Community of Practice ("CoP"), 
> operated by the community itself    (1M)
> 
> * anyone who would want to participate and contribute in 
> accordance with this CoP's charter, and consents to abide by its 
> IPR policy and other by-laws which the community shall set-forth, 
> is welcomed to join. To date, there is no fee or cost to 
> participate, except that members are expected to be team players 
> and contribute to our mission as much as, and in whatever way 
> they can.    (1N)
> 
> ...
> 
> * please ensure that your posts are relevant (to our Community 
> Charter), and that it complies with our IPR Policy. (ZBG)
> 
> * unless specifically requested/solicited by other community 
> member(s), please make sure any commercial- or self-promotion 
> material or reference are strictly limited to one's namesake page 
> or a short signature block, and nowhere else as far as our open 
> collaborative work environment is concerned. The co-conveners 
> reserve the right to relocate or remove of such material from 
> within the CWE, if deemed inappropriately done, to the extent 
> that it affects the neutrality and commercial free work 
> environment that this CWE is set out to be. (LMK)
> //
> 
> Noting also, that, by "community of practice (CoP)," we are going 
> by the way John Seely Brown (from Xerox PARC who coined the term 
> back in the 1980's) sees it: " ... small group of people who've 
> worked together over a period of time. Not a team, not a task 
> force, not necessarily an authorized or identified group. They 
> are peers in the execution of "real work." What holds them 
> together is a common sense of purpose and a real need to know 
> what each other knows."
> 
> Of particular interest is the fact that we are archiving all the 
> Ontolog transactions in our collaborative work environment (CWE), 
> which serves as a dynamic knowledge repository for us (in the 
> sense that Doug Engelbart have pointed us toward, albeit in a 
> lesser way), and are thus, building a collective body of 
> knowledge as community members interact.
> 
> If it is not clear enough (from the above policies and from Chris 
> Menzel's 2008.05.03 post - ref. 
> http://ontolog.cim3.net/forum/ontology-summit/2008-05/msg00008.html 
> ), let me repeat here, Ontolog is intended to be a (virtual) 
> place where people can openly and freely exchange ideas, with 
> minimal encumbrance by IPR issues. We want our members to share 
> ideas, collaborate, remix (as Larry Lessig would call it,) stand 
> on each others' shoulders (rather than re-invent the wheel) ... 
> etc. etc., and generate more and better ideas by being a 
> community of practice. Not only are sharing, collaboration, etc. 
> allowed, they are encouraged here (again, of course, within the 
> bounds of Ontolog's simple IPR and membership policies.)
> 
> Those who don't like it, may even call that "steal," rob," 
> hijack," or whatever derogatory term they may think of, but 
> within the bounds of our CWE and our IPR and membership policies, 
> that is allow, and encouraged. ... The recourse, for those who 
> don't like it has been clearly stated in our IPR policy, they 
> "should [just] refrain from contributing." ... Be it known, that 
> Ontolog is not intended to be an IPR repository. Anyone seeking 
> IPR protection is most probably better served by other means 
> (like keeping their IPR under wraps as trade secrets, going about 
> copyrighting, trade marking, service marking or patenting their 
> work instead.)
> 
> 2. Thoughts on *the Letter of the Ontolog IPR Policy* and IPR 
> protection in general
> 
> Ontolog is a CoP ... it is NOT a legal entity.
> 
> IPR to contributions that goes into the Ontolog archived CWE (and 
> hence the collective body of knowledge) belong to the 
> individual(s) who made the contribution (to the extent traceable.)
> 
> Conversely, breaches of IPR can only come from individuals or 
> parties who are in the act of making the breach.
> 
> To properly understand what the Ontolog IPR Policy entails, I 
> would suggest that anyone interested should read through those 
> few bullets (under: 
> http://ontolog.cim3.net/cgi-bin/wiki.pl?WikiHomePage#nid32 ) as 
> well as the articles behind the links there.
> 
> Try reading up on:
> 
> * The Free Software Definition - 
> http://www.gnu.org/philosophy/free-sw.html
> 
> * The Open Source definition - 
> http://www.opensource.org/docs/definition.php
> 
> * Open Source Licenses - http://opensource.org/licenses/category
> 
> * Open Standards Requirements - http://opensource.org/osr-intro
> 
> * Creative Commons License -
> http://creativecommons.org/about/licenses/meet-the-licenses
> 
> ... one should also find the readings recently suggested by 
> PeterBenson 
> (http://ontolog.cim3.net/forum/ontology-summit/2008-05/msg00011.html) 
> and ChristopherBaker 
> (http://ontolog.cim3.net/forum/ontology-summit/2008-05/msg00012.html) 
> very helpful too.
> 
> 
> I suspect people who are not familiar with IP, IPR and IPR 
> protection might easily miss the following basic tenets 
> (prevalent under regimes where I operate,) and therefore, I list 
> a few pertinent ones below just so we are all on the same page:
> 
> * the purpose of IPR statutes, in general, are there to foster 
> innovation and permit the free flow of ideas
> 
> * one cannot patent an idea ... one only goes about patenting 
> suitably qualified inventions, process, software, plants, etc.
> 
> * to patent an anything, it has to be (a) novel, and (b) 
> non-obvious (in particular, non-obvious to someone knowledgeable 
> in the field.)
> 
> * one cannot copyright a word, a title, a short phrase, etc.
> 
> * one cannot copyright an idea ... one only copyrights its 
> expression in an Original Work of Authorship (OWA) (say, a 
> drawing, a piece of writing, a music composition, etc.)
> 
> 
> Once again, IANAL; therefore, anyone who has issues with what is 
> said here is advised to consult an IP professional for 
> clarification. If I got things wrong, please correct me so I can 
> get it right the next time.
> 
> 
> I hope the above helps clarify matters.
> 
> 
> Regards.  =ppy
> 
> Peter Yim
> Co-convener, Ontolog
> --    (06)


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