FW: Proposed Final 1.0 Agreements/Voting

[David Rudin (LCA)]

Board,

 

I wanted to forward the email below and let you know that the Drafting Committee is nearing (hopefully) the completion of the set of 1.0 agreements.  Absent any last minute objections, we anticipate sending drafts of the agreements to the Board for its final approval this month.  In the meantime, Larry and I would be happy to answer any questions you may have.

 

David

 

From: open-web-le...@googlegroups.com [mailto:open-web-le...@googlegroups.com] On Behalf Of David Rudin (LCA)
Sent: Monday, January 10, 2011 7:20 PM
To: open-web-le...@googlegroups.com
Subject: [OWF Drafting] Proposed Final 1.0 Agreements/Voting

 

Based on feedback we’ve received during the public review period and subsequent discussions, we’ve prepared proposed final versions of each draft 1.0 agreement.  These drafts are available at http://bit.ly/fze7Z3.  Upon the Legal Drafting Committee approving these documents, we will send them to the OWF Board for its consideration.  Upon the Board’s approval, these drafts will become official OWF agreements.

 

These drafts include the following changes from the previous, public review drafts:

 

·         Patent Grant Section.  Clarification in the patent grant section that the promise is subject to the “terms and conditions of Section [2.1 or 3.1]” and not “the following” as included in previous drafts.

·         No Other Rights Section.  The addition of a No Other Rights section, which was previously only in the Copyright CLA, as well as the inclusion of “copyright” into that section. 

·         Specification Definition.  The Specification definition has been revised to refer to the specification identified in the signature block.  The goal of this change is to reduce the chance of someone inadvertently forgetting to fill in the specification name and version in the body of the agreement itself.

·         Signature Block.  There is new language regarding individual vs. Bound Entity signature.  This language was compromise language developed on-list and no objections were raised.    The signature block now also requests the signatory’s title, address, and email.

 

The goal of the OWF Drafting Committee has always been to operate on a consensus basis.  We are therefore asking for any objections to sending these drafts to the Board for its consideration.  If you have objections, please submit them by noon Pacific, January 18^th.  Any objections must include a substantive explanation of the objection.  In addition, if you need additional time to review the documents, please let us know.

 

In the event that substantive objections are raised, we will hold a Drafting Committee vote in accordance with the rules and criteria posted at http://wiki.openwebfoundation.org/Legal_Drafting_Subcommittee and included below.

 

Thanks,

 

Larry and David

OWF Drafting Committee Co-chairs

 

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Drafting Subcommittee Voting

Consensus

While the goal of the Legal Drafting Subcommittee will be to operate on a consensus basis, accepting a final draft will require a 2/3 majority vote.

Negative Votes

Any negative votes must include a substantive explanation of the objection.

Voting Eligibility

To be eligible to vote to send a draft to the OWF Board for consideration as a final agreement, a Legal Drafting Subcommittee participant must have 1) voted in at least 2 of the last 3 list votes (i.e., votes around individual aspects of draft agreements, decision points such as seeking Legal Affairs Committee input or review, etc.) or participated in at least 2 of the last 3 Subcommittee meetings/calls, and 2) been a member of the Legal Drafting Subcommittee for at least 45 days prior to the vote (starting upon the approval to join the list rather than the date of self-nomination).