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Subject: RE: [ebxml-msg] FW: [ebxml-cppa] IBM patent disclosure
David,
The best way to have IBM address your questions is for your patent attorney
to contact the person who is named in the IP disclosure.
Regards,
Marty
*************************************************************************************
Martin W. Sachs
IBM T. J. Watson Research Center
P. O. B. 704
Yorktown Hts, NY 10598
914-784-7287; IBM tie line 863-7287
Notes address: Martin W Sachs/Watson/IBM
Internet address: mwsachs @ us.ibm.com
*************************************************************************************
"Burdett, David"
<david.burdett@comme To: "'Anders W. Tell'" <anderst@toolsmiths.se>, Martin W Sachs/Watson/IBM@IBMUS,
rceone.com> ebxml-msg@lists.oasis-open.org
cc:
04/24/2002 08:37 PM Subject: RE: [ebxml-msg] FW: [ebxml-cppa] IBM patent disclosure
Anders, David, Marty.
Now I am not a patent expert, but I believe that a patent applies to an
IDEA
and not just a specification. So even if we remove direct references to
CPAs
in the messaging spec, it can still mean that IBM's IP and therefore its
patent still applies. To fix this would require us to go somewhere we
probably don't want to go and that is to make the Messaging Spec work
WITHOUT any prior agreements being necessary.
Alternatively, I'd appreciate some answers from IBM - who I know have the
patent lawyers who can answer these questions. Specifically does IBM intend
to "enforce" their TPA/ML patent against any users of the CPPA or Messaging
specs. Now I know that IBM has already said that they won't charge royalty
fees but:
1. Will IBM require any user of the ebXML specs to sign an IBM licensing
agreement for TPA/ML
2. Would such a licensing agreement contain constraints on how the CPA
specification could be used - in which case what would they be.
3. Will derivative works developed from the CPPA specs be allowed, and if
so, can anyone develop derivative works or will IBM try to restrict its
use.
David