Novell has reviewed the document on Intellectual Property submitted by Tektronix and would like to have the attached revision considered. The proposed changes attempt to bring back the goal that organizations like the PWG should strive for, producing technology that can be readily and widely embraced.
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PWG INTELLECTUAL PROPERTY PROCEDURES
This proposal aims to suggest a detailed IP policy for the Printer Working group. The formalization will
allow longer periods for discussion of new proposals and at the same time, the new proposals will
undergo scrutiny for compliance with the proposed intellectual property policy. This policy supports the
creation of multiple specifications and helps developers plan for new releases and updates because of
the regular release schedule. Much of this proposal is taken from the policies of other standards
organizations so many of the members may already be familiar with the language.
Section 8: Intellectual property and Confidentiality
Replace Section 8 by the following:
Section 8.1 (a) Ownership of IP rights:
All patents, copyrights, or other intellectual property owned or created by any Member, member's affiliate
or member's parent company ("hereinafter "Member or Associate) outside the PWG or its work within
the PWG shall remain the property of that Member or Associate thereunder and shall not be affected in
any way by the Member or Associate's participation in the PWG.
The PWG may, through its activities, generate intellectual property, and license such property to
Members and/or Associates on reasonable and nondiscriminatory terms, conditions and prices;
provided, however, that Members and Associates receive more favorable pricing than non-Members or
"Contributions" shall mean those materials, ideas, know-how, algorithms, processes and methods that
have been provided by the PWG member to PWG in the course of participating in the PWG and have
been incorporated in the Standard. All Contributions contributed by Members and Associates and their
representatives and incorporated into a PWG Standard and Specification (here after "the Standard")
shall be owned by the contributing Member or Associate. Any intellectual property independently
created by a Member or Associate, but not incorporated into a PWG standard, should remain the
exclusive property of the original owner and no mandatory license should be imposed.
The PWG is not in a position to give authoritative or comprehensive information about evidence, validity
or scope of patents, or similar rights with respect to Contributions. Contributions should be made for the
purpose of developing and enhancing the standard; the purposes of the PWG would be violated were
the PWG to allow Contributions to the Standard to be made in a manner that would create liability for
PWG members implementing the Standard. Nevertheless, the intellectual property rights waived by a
PWG member should be directly related to Contributions made by members and the purposes of PWG
and the Standard. Therefore, in view of the foregoing, the policy of the PWG requires that PWG
members making submissions automatically grant the copyright and patent license set forth below.
Each PWG member covenants ("Convenator") not to sue or otherwise assert a claim against any other
PWG member ("Covenantee"), it licensees or customers (collectively "Covenantees") based on an
allegation that the licensed use, sale or distribution of any product (a) that is manufactured by or for the
Covenantee or its licensees or customers, (b) that includes the Contributions, (c )that complies with the
Standard ("Covered Product") and (d) for which Covenantee expressly represents in its marketing
materials is compliant with the Standard, infringes a patent of copyright held by the Covenantor. Such
covenants shall extend only to those aspects of the Covered Product that would have been non-
infringing but for the inclusion or implementation of Contributions. Further, such covenants extent only
to Covenantees to the extent such Covenantees grant a reciprocal covenant to the Covenantor, either
through an express agreement, or through an implied agreement such as one that arises by non-
assertion of a claim or suit. Each covenant not to sue shall survive participation.
8.1 (b) Specification Approval and Release Schedule
In order to allow suitable time for review of new proposals, release of PWG specifications will occur on a
regularly scheduled time frame, not to exceed one year between releases.
1. The steering committee will decide upon the appropriate release schedule for each specification.
2. Proposal deadline: New submissions as proposals are accepted for the current specification upto
twenty-four weeks prior to the scheduled date of release.
3. Voting period: Voting on the technical merits will be conducted during the twelve weeks immediately
before the release date.
4. Twelve weeks before technical voting will be designated for final technical review of the proposals
submitted for the current release.
5. Urgent Proposals: If a proposal is made and a simple majority of Steering Committee deems the
proposal to be urgent, the proposal maybe voted upon after a four-week review period. The voting
period is two weeks. Patent statements must be made between the beginning of the review period and
the voting period. If the proposal is accepted, an interim release of the new specification is made.
The participation in the PWG by the Members and the Associates and their appointed representatives
shall be on a non-confidential basis; however, the PWG may with the approval of the Board of Directors,
wherein such approval shall not be unreasonably withheld, enter into written confidentiality agreements
with its Members and Associates which restrict the dissemination of specified confidential information
and/or materials provided by any of such Members or Associates to Persons who are not Members or
Associates. Confidentiality agreements entered into by the PWG shall bind all of the individual Members
8.3 Infringing Material.
The PWG or its individual Members and Associates shall have no liability to third parties for any
infringement claims with respect to any intellectual property licensed from a Member or Associate
incorporated into thePWG standard. ("Licensed Property"). The Member or Associate providing the
Licensed Property to the PWG or to other individual Members or Associates shall be required to protect
and indemnify the PWG and its officers, directors, and agents, as well as other Members and Associates
against such infringement claims arising out of the Licensed Property provided, however, that the PWG
and all Members and Associates cease using such infringing information or material. Members or
Associates shall have no liability under Section 8.3 for any claim, suit, or proceeding based upon any
modification of Licensed Property by the PWG or its Members or Associates.