[OpenID] Shade's questions - Privacy for Foundation members
Dick Hardt
dick.hardt at gmail.com
Sun Dec 14 18:39:11 UTC 2008
Note that the IP Policy below is for participants in Working Groups.
You do not need to be a member of the Foundation to participate in a
Working Group, and Foundation Membership does not convey any
intellectual property rights.
-- Dick
On 14-Dec-08, at 10:15 AM, Eran Hammer-Lahav wrote:
> Membership Agreement Summary
>
> * You'll follow the rules that are kept up to date and published on
> the Foundation's site. Your membership fee is non-refundable. It's
> also non-transferable without written consent.
>
> Intellectual Property Policy Summary
>
> * You keep your rights for the items you contribute to the
> Foundation, but grant the Foundation and everyone who uses those
> contributions the right to use those contributions for any purpose.
> You give up your rights on materials in drafts and specs — the
> Foundation wholly owns the rights to those items. Anything you
> contribute to the Foundation is considered non-confidential.
>
> Membership Agreement
>
> I will become a member of OpenID Foundation on the next day
> immediately following payment of my annual membership dues and
> OpenID Foundation’s acceptance of this Membership Application and
> Agreement. I will be eligible for renewal of my membership on a
> yearly basis upon payment of annual membership dues and compliance
> with OpenID Foundation’s renewal procedures. My membership in OpenID
> Foundation is nontransferable without OpenID Foundation’s prior
> written approval.
> I agree to comply with OpenID Foundation’s bylaws, policies,
> procedures, and other regulations, as adopted or amended from time
> to time and published on its official website (www.openid.net).
> I authorize OpenID Foundation to publicly disclose my membership in
> OpenID Foundation in press releases, on its website, in brochures,
> and by other similar means, unless otherwise requested by me in
> writing.
> I may terminate my membership in OpenID Foundation at any time upon
> written notice to OpenID Foundation, but I understand that I will
> not receive a refund for annual membership dues already paid for the
> year of termination.
> This Membership Application and Agreement will be interpreted and
> enforced in accordance with the laws of the State of Oregon, and the
> exclusive jurisdiction for any action related to this Membership
> Application and Agreement will be state and federal courts located
> in the State of Oregon.
> Intellectual Property Policy
>
> This OpenID Intellectual Property Rights Policy (“Policy”) defines
> the intellectual property rights and obligations of Contributors (as
> defined below) and certain procedures relating to Contributions (as
> defined below) proposed to the OpenID Foundation for the creation of
> Specifications and the generation of Implementers Drafts and Final
> Specifications, pursuant to the applicable OpenID Process (all as
> defined below).
>
> 1. Definitions.
> “Compliant Portions” means those specific portions of a product
> (hardware, software, or combinations thereof) or service only to the
> extent that they implement and are compliant with all relevant
> portions of a particular Implementers Draft or Final Specification.
> “Contributions” mean any of the following, to the extent provided by
> a Contributor and intended for inclusion in a Specification: (a)
> communications to or through a particular Specification Mailing
> List; (b) other written materials provided at a face-to-face Work
> Group meeting, (c) other communications documented as
> “Contributions” in the minutes of a face-to-face Work Group meeting
> (without subsequent and timely objection by the putative
> Contributor); or (d) any other communications documented as
> “Contributions” in any online collaboration tools selected by the
> applicable Work Group (e.g., Wikis or Web-based form tools).
> “Contributor” means, with regard to a particular Work Group, any
> person (individual, entity, or otherwise) who has signed the
> applicable agreement in accordance with Section II.1(b) and has
> joined such Work Group by requesting access to the applicable
> Specification Mailing List and, if such person is an individual,
> includes such person’s employer or other person or entity to whom
> that person owes a duty with respect to activities such as his or
> her participation in Work Groups or development of Specifications.
> “Final Specification” means the final version and contents of a
> Specification that has been deemed final by the OpenID Foundation
> pursuant to the applicable OpenID Process. For purposes of this
> definition, a Final Specification will not include any
> implementation examples or reference implementations.
> “Implementation” means a product (e.g., but without limitation,
> hardware, software, or firmware) or service that consists of (or
> makes use of) one (1) or more Compliant Portions.
> “Implementer” means a person or other entity that creates,
> distributes, or offers a product or service that contains or makes
> use of an Implementation.
> “Implementers Draft” means the version and contents of a draft
> Specification that, pursuant to the applicable OpenID Process, has
> been determined to be a candidate for a Final Specification. For
> purposes of this definition, an Implementers Draft will not include
> any implementation examples or reference implementations.
> “Necessary Claims” means claims of any patent or patent application,
> other than design patents and design registrations, in any
> jurisdiction in the world: (a) for which a Contributor has the
> right, at any time when this Policy is effective, to grant licenses
> or rights of the nature granted herein without such grant resulting
> in payment of royalties or other consideration to third parties
> (except for payments to Related Entities or employees); and (b) that
> are necessarily infringed by Compliant Portions of a particular
> Implementation. A claim is necessarily infringed hereunder only when
> such infringement could not have been avoided by another
> commercially reasonable non-infringing implementation of Compliant
> Portion(s) of that particular Implementation based on the state of
> the art when the applicable Final Specification is/was deemed final
> (or when the Implementers Draft was approved, as applicable), in
> accordance with the applicable OpenID Process. “Necessary Claims” do
> not, however, include any claims of any patent or patent application
> that read on: (x) any enabling technologies that may be necessary to
> make or use any product or service (or portion of either) that
> complies with an Implementers Draft or Final Specification, but that
> are not themselves expressly set forth in such Implementers Draft or
> Final Specification; (y) the implementation of other published
> standards not developed by or for the OpenID Foundation; or (z) any
> portion(s) of any product or service (or any combination of such
> portion(s)) the sole purpose or function of which is not required to
> comply with an Implementers Draft or Final Specification.
> “OpenID Foundation” means the OpenID Foundation, an Oregon nonprofit
> public benefit corporation.
> “OpenID Processes” means the processes by which the OpenID
> Foundation creates Work Groups, receives and considers
> Contributions, and generates draft Specifications (including
> Implementers Drafts) and Final Specifications, as set forth in the
> separate document entitled “OpenID Process Document.”
> “Related Entity” means, with respect to any Contributor, any person,
> firm, corporation, partnership, or similar entity that, directly or
> indirectly controls, is controlled by, or is under common control
> with such Contributor, but only for so long as such control exists.
> For purposes of the foregoing, “control” means direct or indirect
> control of forty percent (40%) or more of the voting power to elect
> directors of that corporation, or for any other entity, the power to
> direct management of such entity.
> “Scope” means, with regard to a particular Work Group, a statement
> of the functionalities and technologies to be included in (and
> excluded from) the Specification(s) to be developed by such Work
> Group. The Scope for any Work Group will not include: (a) any
> enabling technologies that may be necessary to make or use any
> product or service or any portion thereof that complies with an
> Implementers Draft or Final Specification, but that are not
> themselves expressly set forth in such Implementers Draft or Final
> Specification; or (b) the implementation of other published
> standards not developed by or for the OpenID Foundation. For
> purposes of defining its Scope, an Implementers Draft or Final
> Specification will be deemed to include only its technical
> requirements as fully described therein and will exclude any
> implementation examples or reference implementations.
> “Specification” means, collectively, the documents published by the
> OpenID Foundation and entitled OpenID Simple Registration Extension
> 1.0, OpenID Authentication 1.0, OpenID Authentication 1.1, OpenID
> Authentication 2.0 – Implementer’s Draft 12, OpenID Attribute
> Exchange – Draft 8, Yadis Discovery Protocol 1.0, and any document
> created by the OpenID Foundation or Work Groups pursuant to the
> applicable OpenID Process that contains technical information of a
> nature that includes one (1) or more portions that must be
> implemented as described therein for any Implementations thereof to
> contain a Compliant Portion.
> “Specification Mailing List” means a mailing list on the OpenID
> Foundation email reflector that pertains to development of
> Specifications and that is identified by the address “specs-*@openid.net
> ” where “*” is replaced with a relevant term identifying the
> particular Specifications to which such mailing list pertains.
> “Work Group” means a group whose actions are conducted, in
> accordance with the terms and conditions of this Policy, the OpenID
> Processes, the OpenID Foundation bylaws, and any other applicable
> OpenID Foundation policies or procedures, for the purpose of
> developing particular Specifications. Each Work Group is associated
> with a single Specification Mailing List and a unique Scope.
> 2. Contributions/Contributors.
> 1. Becoming a Contributor.
> General. To become a Contributor, an individual or entity must
> affirmatively accept the OpenID Foundation contribution agreement
> (which incorporates this Policy by reference) and indicate which
> Work Groups the Contributor is joining, the type of Contributor that
> the individual or entity will be (pursuant to Section II.1(b)), and
> provide any other required documentation or verification. Although
> all Contributors participate in Work Groups through acts of
> individuals, to maintain the royalty-free nature of Specifications,
> individuals who may owe duties to third parties with respect to
> their Contributions must provide (and update from time to time, if
> the required information becomes inaccurate or incomplete)
> additional information and approvals, as provided in Section II.
> 1(b)). An individual or entity that has become a Contributor
> pursuant to this Section II.1 may later join other Work Groups on
> written request, and the terms of the OpenID Foundation contribution
> agreement and of this Policy will apply to all Work Groups joined.
> OpenID Contribution Agreement. On the OpenID Foundation contribution
> agreement, the individual or entity desiring to become a Contributor
> must self-identify as one (1) of the following:
> Unaffiliated Individuals. Unaffiliated Individuals must sign and
> return (either electronically or in paper form) the OpenID
> Foundation contribution agreement, indicating thereon that no duty
> is owed to any third party regarding participation in, or
> Contributions to, Work Groups and verifying the unfettered right to
> make Contributions. Although the OpenID Foundation has no duty to
> investigate, it may, if it deems it necessary at any time, require
> additional documentation from self-identified Unaffiliated
> Individuals (e.g., if an Unaffiliated Individual provides a
> corporate email address). “Unaffiliated Individual” means an
> individual who does not owe any duty to third parties (e.g., but
> without limitation, employers or clients) regarding activities such
> as participating in Work Groups or creating Specifications.
> Affiliated Individuals. An Affiliated Individual must: (A) sign and
> return (either electronically or in paper form) the OpenID
> Foundation contribution agreement, indicating thereon that no duty
> is owed to any third party regarding participation in, or
> Contributions to, Work Groups and verifying the unfettered right to
> make Contributions; and (B) submit verification of same (in the form
> provided by the OpenID Foundation), manually signed by all third
> parties that own, or have exclusive rights to, any intellectual
> property created, in whole or in part, by such individual.
> “Affiliated Individual” means an individual who owes a duty to
> employers, clients, or other third parties regarding certain
> intellectual property that he or she creates (in whole or in part),
> but not regarding intellectual property related to Specifications or
> the actions of any Work Groups.
> Representatives. A Representative must sign and return (either
> electronically or in paper form) the OpenID Foundation contribution
> agreement, identifying the third party being represented, and
> agreeing personally to be bound by this Policy to the extent that
> any of his or her Contributions is not owned or controlled by such
> third party. A Representative may not participate in any Work Group,
> be given access to the applicable Specification Mailing List, or
> make any Contribution, until the applicable Constituent (defined in
> Section II.1(b)(iv)) becomes a Contributor to such Work Group(s) in
> accordance with Section II.1(b)(iv) (and may not continue to
> participate as the identified Constituent’s Representative if such
> Constituent ceases to be a Contributor). “Representative” means an
> individual who (or an entity that) owes a duty to employers,
> clients, or other third parties regarding intellectual property that
> he or she creates (in whole or in part) that is related to
> Specifications or the actions of any Work Groups.
> Constituent. A Constituent must manually sign and return the OpenID
> Foundation contribution agreement, indicating thereon that no duty
> is owed to any third party regarding participation in, or
> Contributions to, Work Groups and verifying the unfettered right to
> make Contributions. A Constituent must also identify the
> Representatives participating in Work Groups on its behalf (which
> identification the Constituent may change from time to time on
> notice to the OpenID Foundation). “Constituent” means any individual
> or entity being represented in any Work Groups by one (1) or more
> Representatives.
> Contribution. No Contributor will incorporate any third party
> materials into any Contribution, unless it has all the rights and
> licenses necessary from such third party to submit such Contribution
> in accordance with the terms and conditions of this Policy.
> Retroactive Effect. In consideration of the OpenID Foundation
> allowing any individual or entity to become a Contributor, such
> individual or entity acknowledges that Section V and VI of this
> Policy apply to any Contributions made before signing the OpenID
> Foundation contribution agreement or otherwise agreeing to the terms
> of this Policy.
> 3. Work Groups.
> The OpenID Foundation may, from time to time, propose forming a new
> Work Group pursuant to the applicable OpenID Process. The first
> obligation of a new Work Group is to establish and approve its
> Scope. Although Contributors may join a Work Group at any time, no
> Contributor that joins a Work Group before the Scope is approved
> will be bound by Sections V or VI of this Policy, as applied to such
> Work Group, until after: (1) the Scope is approved pursuant to the
> applicable OpenID Process; and (2) thirty (30) days have passed
> after such approval, and the Contributor has not withdrawn from the
> Work Group in accordance with Section VI.3 below.
>
> 4. Confidentiality.
> All Contributions, and other materials shared broadly with the
> “OpenID community” for the sole purpose of developing Specifications
> (but not including materials shared with Contributors outside of the
> context of participating in a Work Group or for any purpose other
> than developing Specifications), will be considered non-confidential
> information, regardless of any markings to the contrary included
> thereon or related thereto.
>
> 5. Copyrights.
> In the course of its work developing recommended Specifications, the
> OpenID Foundation receives Contributions in various forms and from
> many sources. In addition to other applicable terms and conditions
> in this Policy, the following terms and conditions apply to such
> Contributions.
>
> Copyright License. Some Contributions may not be subject to
> copyright. To the extent, however, that a Contribution is or may be
> subject to copyright, the Contributor hereby grants a perpetual,
> irrevocable (except in case of breach of this license), non-
> exclusive, royalty-free, worldwide license in such copyright to the
> OpenID Foundation, to other Contributors, and to Implementers, to
> reproduce, prepare derivative works from, distribute, perform, and
> display the Contribution and derivative works thereof solely for
> purposes of developing draft Specifications and implementing
> Implementers Drafts and Final Specifications.
> No Obligation. Contributor acknowledges that the OpenID Foundation
> has no duty to publish or otherwise use or disseminate any
> Contribution.
> References. Contributor hereby grants permission to reference the
> name(s) and address(es) of the Contributor, but only in association
> with the Contribution(s) of Contributor (and not with respect to any
> work derived from such Contribution(s), including without limitation
> a Specification, without the prior written consent of Contributor).
> Attribution. Contributor represents that Contributions comprised of
> written submissions submitted by such a Contributor to the OpenID
> Foundation comply with any copyright attribution requirements
> relating to third party content.
> Implementer Drafts; Final Specification. Subject to each
> Contributor’s rights in individual Contributions, the copyright in
> any Implementers Drafts and Final Specifications will be owned
> solely by the OpenID Foundation. Each Contributor will execute and
> deliver such instruments and take such other actions as and when the
> OpenID Foundation may reasonably request to perfect or protect its
> copyright in the Implementers Drafts and Final Specifications.
> Retention of Rights. Subject to any licensing obligations herein,
> Contributor retains all rights in and to its Contribution, and there
> are no other limitations whatsoever on Contributor’s ability to
> exercise any copyright rights in its Contribution or any portion
> thereof.
> 6. Patents.
> 1. Limited Patent Promise. Each Contributor hereby irrevocably
> makes the following promise (on behalf of itself and its Related
> Entities) without the requirement of any monetary compensation or
> any additional terms and conditions:
>
> Contributor (“I” or “me”) hereby irrevocably promises not to assert
> any Necessary Claims against any other entity (“you”) for making,
> using, selling, offering for sale, importing, or distributing any
> Implementation or offering any product or service to the extent it
> contains or uses a Compliant Portion, subject to the following. This
> is a personal promise directly from me to you, and you acknowledge
> as a condition of benefiting from it that no rights from me are
> received from me for your suppliers, distributors, or otherwise in
> connection with this promise.
>
> This promise is not an assurance that: (a) any of my issued patent
> claims covers an Implementation or are enforceable; or (b) an
> Implementation will not infringe patents or other intellectual
> property rights of any third party. No other rights except those
> expressly stated in this promise will be deemed granted, waived, or
> received by implication, exhaustion, estoppel, or otherwise.
>
> I may (but am not obligated to) condition my promise on your making
> a reciprocal promise, applicable to the same Implementers Draft or
> Final Specification as my promise, that is at least as favorable as
> that above and that applies at least to your Necessary Claims.
> Either of us may (but neither of us is obligated or may require the
> other to) make a promise that is more favorable than that above
> (including without limitation by applying more broadly to any
> relevant claims, rather than just to Necessary Claims).
>
> I may (but am not obligated to), from time to time, provide the
> terms of any more favorable patent promise (“Non-Default Terms”) to
> the OpenID Foundation, in writing, and such Non-Default Terms will
> apply to any Implementers Draft or Final Specification approved in
> accordance with the applicable OpenID Process before I replace or
> retract such Non-Default Terms. If I replace such terms with new Non-
> Default Terms, then the new Non-Default Terms will apply to any
> Implementers Draft or Final Specification approved after such
> replacement (but the prior Non-Default Terms will continue to apply
> to any Implementers Draft or Final Specification approved before
> such replacement). If I retract such Non-Default Terms, or if I
> never provide any Non-Default Terms, then the first four (4)
> paragraphs of this Section VI are the terms of my patent promise to
> you.
>
> Patent Disclosures. There is no requirement or expectation by others
> that Contributors should disclose patents or patent applications
> that they have reason to believe may contain Necessary Claims. The
> OpenID Foundation hereby disclaims any responsibility for
> identifying the existence, or for evaluating the applicability, of
> any patents, patent applications, or other rights (including
> copyrights) claimed to be applicable to any Specification and will
> take no position on the validity or scope of any such rights.
> Withdrawal. A Contributor may withdraw from a Work Group at any time
> by providing at least seven (7) days’ written notice to the OpenID
> Foundation. The withdrawing Contributor will, in perpetuity, remain
> subject to Section V, as applied to copyrights in any Contributions
> made before the effective date of such withdrawal, and to the
> limited patent promise in Section VI.1, as applied to any
> Implementers Drafts or Final Specifications accepted by the
> Contributor. A Contributor has “accepted” an Implementers Draft or
> Final Specification if the Contributor (in accordance with the
> applicable OpenID Process and after a formal call by an editor of
> the applicable Specification to recommend adoption of the then-
> current draft Specification as an Implementers Draft or an
> applicable Implementers Draft as a Final Specification): (a)
> expressly voted to recommend adoption (or otherwise recommended
> adoption, in writing in (or on the record of), any assessment of
> consensus); (b) failed timely to vote to recommend disapproval of
> such adoption (or otherwise to disapprove of such adoption, in
> writing in (or on the record of) any assessment of consensus); or
> (c) expressly and timely voted to recommend disapproval of such
> adoption (other otherwise disapproved of such adoption, in writing
> in (or on the record of) any assessment of consensus), yet failed to
> provide to the OpenID Foundation notice of intent to withdraw, or
> notice of an appeal to the OpenID board of directors, within forty-
> five (45) days after the Specification editor announces either that
> the Work Group has reached consensus (or has voted) to recommend
> adoption. If, however, a Contributor timely requests appeal as
> provided in the foregoing sentence, then: (y) the time to serve
> notice of withdrawal (solely for Contributors seeking appeal) will
> be deemed extended until fourteen (14) days after the OpenID
> Foundation board of directors announces its decision or
> recommendation on the appeal; and (z) any effect of the adoption of
> the applicable Implementers Draft or Final Specification will be
> deemed stayed until seven (7) days after any recommendation of the
> OpenID Foundation board of directors has been voted upon by the
> OpenID membership as provided in the applicable OpenID Process.
> 7. Notices.
> The following notice must be included in all Specifications:
>
> The technology described in this specification was made available
> from contributions from various sources, including members of the
> OpenID Foundation and others. Although the OpenID Foundation has
> taken steps to help ensure that the technology is available for
> distribution, it takes no position regarding the validity or scope
> of any intellectual property or other rights that might be claimed
> to pertain to the implementation or use of the technology described
> in this specification or the extent to which any license under such
> rights might or might not be available; neither does it represent
> that it has made any independent effort to identify any such rights.
> The OpenID Foundation and the contributors to this specification
> make no (and hereby expressly disclaim any) warranties (express,
> implied, or otherwise), including implied warranties of
> merchantability, non-infringement, fitness for a particular purpose,
> or title, related to this specification, and the entire risk as to
> implementing this specification is assumed by the implementer. The
> OpenID Intellectual Property Rights policy requires contributors to
> offer a patent promise not to assert certain patent claims against
> other contributors and against implementers. OpenID invites any
> interested party to bring to its attention any copyrights, patents,
> patent applications, or other proprietary rights that may cover
> technology that may be required to practice this specification.
>
>
>
>
> > -----Original Message-----
> > From: Peter Williams [mailto:pwilliams at rapattoni.com]
> > Sent: Sunday, December 14, 2008 10:06 AM
> > To: Eran Hammer-Lahav; SitG Admin; general at openid.net
> > Subject: RE: [OpenID] Shade's questions - Privacy for Foundation
> > members
> >
> >
> >
> > > > > First, it is $25. Second, what specific IP rules prevent you
> from
> > > > > joining? My personal issues with the OpenID foundation IPR
> policy
> > > are
> > > > > that it doesn't secure more rights for the community, which
> means
> > > it
> > > > > will take more power away from those who participate in
> creating
> > > > > specifications. But it sounds like you feel the current policy
> > has
> > > > > already gone too far. I would be interested to learn what
> exactly
> > > is
> > > > > your issue (please quote specific language from the IPR
> policy).
> > > > >
> > > > > EHL
> >
> > [Peter Williams] I'm not sure I ever got as far as reviewing the
> wider
> > IPR policy: I was just trying to subscribe! I was looking at
> > subscribing to (25$) membership benefits last week, and got all
> the way
> > to the member's agreement - which I started reading. I balked at its
> > terms.
> >
> > I don't mind there being strict IP rules on technical or other
> > "contributions" (to the contribution-controlled lists, that do NOT
> > include this one). That's the only way to keep IP relatively
> clean, in
> > practice.
> >
> > That's a different thing to ceding any IP rights for the mere
> status of
> > being a member, merely to view vote on (non technical) issues, see
> > financial statements, or seek a nomination!
> >
> > To your challenge! I cannot cite the language I read, as I could not
> > (just now) access the registration / legal agreements. It just
> says on
> > clicking next, for the $25 subscription level:
> >
> > "The change you wanted was rejected. Maybe you tried to
> change
> > something you didn't have access to".
> >
> > I'll GUESS I have openid-generated persistent cookies hanging around
> > and the subscription module somehow knows of early its reliance on
> > myopenid .. from the last-time I started to registered - before
> > abandoning the transaction. This MAY be confusing the subscription
> > logic. But, who knows! It didn't work.
> >
> > You'll have to rely on the summary; it's all I recall of my mental
> > model from last week.
> >
> >
> >
> >
> >
>
> _______________________________________________
> general mailing list
> general at openid.net
> http://openid.net/mailman/listinfo/general
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