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Roger
Checking through the contributions for next week's
meeting, I tried to obtain doc IEEE C802.16d-03/29 (From Itzik) and saw that it
was unavailable on the server. I contacted Itzik and was forwarded the
following emails for information.
I have a number of concerns
regarding the process and the points at issue :
a) In my opinion, and
especially since this topic is now under WG Letter Ballot, these emails
(starting with the one from Gordon) should have been copied to the appropriate
reflector(s) for the benefit of all TGd and WG members.
b) Itzik's
Contribution is based on the format / content of the WG document
P802.16d/D1-2003 which is an IEEE 802 document "owned" by the WG, regardless of
where the various incorporated contributions came from. It no longer belongs to
TGd or the individual contributors. Gordon has also previously declared (within
TGd) that all profile contributions should follow the same format and structure
etc. I therefore consider it to be out of order for Gordon (and yourself) to
withdraw or suppress Itzik's contribution in this way.
c) The
contributions from WiMax are actually from the individual authors themselves -
WiMax cannot be a member of IEEE 802.16. The fact that they have "doctored" the
standard IEEE copyright notices on their contributions (without making it
explicitly clear when the contributions were presented to the TG/WG) is both
mischievous / deceitful, and probably out of order under IEEE 802
rules.
The authors concerned should either amend their "WiMax"
contributions accordingly (with an appropriate Revision) to revert to the
standard IEEE 802 copyright statements or have their material deleted from
P802.16d/D1-2003 since the WG was probably not authorized to incorporate it
under IEEE 802 procedures.
d) In any case, the contribution by Itzik
should be made available to the WG for proper and timely consideration as part
of the Letter Ballot process. WiMax (and its collaborating authors /
representatives) should also be admonished for apparently attempting to thwart
any non-WiMax or non-OFDM contributions to the System Profiles.
I take
this matter very seriously and will reverse my vote to "Disapprove" unless
immediate action is taken to correct this situation.
-----Original Message-----
From: Itzik Kitroser [mailto:itzikk@runcom.co.il]
Sent:
Wednesday, May 07, 2003 11:32 AM
Please find the profiles contribution
which I have submitted and which was removed from the web site as to request
from WIMAX. I have also attached the mail exchange from myself, Roger and
Gordon.
Please contact me by mail or phone (+972-58-701606) if you have
any questions/comments.
Regards,
Itzik
Kitroser
-----Original Message-----
From: Itzik Kitroser [mailto:itzikk@runcom.co.il]
Sent:
Wednesday, May 07, 2003 02:35
To: r.b.marks@ieee.org
Cc:
zionh@runcom.co.il; itzikk@runcom.co.il
Subject: RE: IEEE TGd contribution
IEEE C80216d-03/29
Dear Roger,
As the author of contribution
C80216d-03/29 I here by state that:
a. No reference and/or cut and paste
was done to contribution C80216d-03/23
b. The C80216d-03/29
contribution clearly state that it referred to IEEE P80216d_D1-2003 as
reference item [1].
c. The "Release" section of the cover page of
each contribution to IEEE802.16 state that:
===
"The contributor
grants a free, irrevocable license to the IEEE to incorporate material
contained in this contribution, and any modifications thereof, in the
creation of an IEEE
Standards publication; to copyright in the IEEEs name
any IEEE Standards publication even though it may include portions of
this contribution; and at the IEEEs sole discretion to permit others to
reproduce in whole or in part the resulting IEEE Standards publication. The
contributor also acknowledges and accepts that this contribution may be
made public by IEEE 802.16."
===
I have just noticed that the
C80216d-03/23 have updated this notification to with the following
addition:
"Release shall be limited to Part 16 Standards which describe
detailed system profiles for 2-11 GHz and shall in addition be limited to those
parts of these Standards that address WirelessMAN-OFDM and WirelessHUMAN-OFDM
systems."
I believe that this is not a standard addition which was not forwarded to the
IEEE802.16 group for approval.
d. My intention was pure, to write a profile section for the OFDMA case, trying to be inline with the template defined in the reference document IEEE P80216d_D1-2003, such that the profiles section will be coherent and readable, therefore a reference to IEEE P80216d_D1-2003 was made.
e. I wasn't aware of any infringe of copyrights, since I worked solely
with IEEE 802.16 formal draft.
Please advice me how to proceed.
Itzik.
-----Original
Message-----
From: Roger B. Marks [mailto:r.b.marks@ieee.org]
Sent:
Tuesday, May 06, 2003 20:14
To: Gordon Antonello
Cc: Margaret LaBrecque
(E-mail); Nico Van Waes (E-mail);
Itzikk@runcom.co.il
Subject: Re: IEEE TGd contribution IEEE C80216d-03/29
Dear Mr.
Antonello,
It is, of course, not IEEE 802.16's intention to infringe upon
copyrights. Although similarities between the documents are apparent, I am
not personally qualified to cast a judgement on the issue of infringement. Given
WiMAX's assertion that IEEE C802.16d-03/29 does so infringe, I have removed it
from the web site.
If the contributors of IEEE C802.16d-03/29 believe
that it does not infringe upon a copyright, they are free to explain their
position.
I hope that this problem can be resolved directly by the
affected parties so that it does not impede the development of the
draft.
Regards,
Roger Marks
At 11:39 AM -0600 03/05/06,
Gordon Antonello wrote:
Dr. Roger Marks,
I am sending this email as a
representative of the WiMAX Forum and its members on the matter of IEEE
contribution IEEE C80216d-03/29.
IEEE contribution IEEE C80216d-03/29 is
more-or-less a cut & paste of IEEE contribution IEEE
C80216d-03/23 and substantially infringes on the WiMAX Forum
copyright. The contributor is a non-WiMAX member to the IEEE. Based
on this, and the fact that no permission was requested or granted to use text
from IEEE C80216d-03/23, I kindly ask that IEEE contribution IEEE C80216d-03/29
be removed from the server.
If you have any questions regarding this
request please contact me directly.
Sincerely,
Gordon
Antonello
Chairman, WiMAX 2-11 GHz Technical Working Group
p +1 403 207
6477
f +1 403 273 5100
email <mailto:gantonello@wi-lan.com>gantonello@wi-lan.com