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UCAIug > UCAIug Draft IPP Comments > IPR is not workable at all  

UCAIug Draft IPP Comments

  
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Started: 8/11/2010 6:59 PM
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Picture Placeholder: Ralph Mackiewicz
Ralph Mackiewicz
IPR is not workable at all
I think this entire IPR document and process needs to reconsidered. This document implies that we are going to create legally binding obligations on our members to keep information disclosed during a UCAIug activity confidential and to pay unspecified fees for using the information simply because they attended a presentation and the presenter declares that the information is confidential and told them the fees they expect to be paid. How is that going to be enforceable unless we get every single member to sign legally binding NDAs and licensing agreements? Who is going to sign such a thing without knowing what that information is and what the fees are ahead of time?

I have done numerous NDAs with companies big an small and there will be a significant number of Fortun 500 and Fortune 20M companies that will flee this IPR and the organization that tries to impose it like a new flu virus.

UCAIug's IPR policy should be closer to that of IEEE, if not identical to it. All information publicly disclosed at a UCAIug event should be considered public and subject to common use rights to that information. We should not accept confidential information or information that requires payment of fees to use without explicit approval by an empowered panel ofmembers. Even in that case it might require a change in our charter to enforce. It doesn't mean that people cannot make presentations about information that requires licensing to use. For instance, you can make a presentation about somebody's product and what it does, even present the fees for using it, but that information becomes public and can be freely exchanged.

How can the UCAIug operate in an open way if everyone has to maintain a secret simply because someone discloses a secret? If someone has a secret that they want to paid for, then they shouldn't be openly disclosing it at a UCAIug meeting.

I think it would be a wise first step to define what overall objectives of the IPR must be met before we define the IPR. For instance, do we want to accept proprietary and confidential information? For what purpose? Give an example. Do we want to act as a licensing body? Are we going to accept any responibility to enforce IPR rules on members that don't comply? What steps are we willing to take to enforce such rules? How do we treat copyrighted information? (Note: we have a policy regarding IEC copyrghted standards and that should be a part of this IPR also) Do we want to distribute information that incorporates patented technology?(Note: Patents are not confidential).

There are many such questions that need to be answered before we start putting words to the policy itself.