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Roger - Thanks for the clarification. More work for lawyers
!!!
Many of my comments are still valid, however, and I certainly believe
that WiMax and its representatives have not acted in the best spirit or
interests of the Working Group. I would add that at the initial TGd meeting
Gordon Antonello rejected an initial Profile contribution (doc IEEE
C802.16d-03/10) because , among other things, he wanted to adopt a common format
/ structure for all Profiles / Contributions for the next meeting (which was
fine). However, he did not produce a template before the next meeting, and at
the last minute the "WiMax" contribution was tendered and we were informed that
this would be the preferred format / structure etc. Again - he did not point out
or clarify that this "template" could only be used for OFDM profiles, or that
anyone else needed to obtain WiMax permission to base their profiles on the
"WiMax" template. It is therefore very disappointing to now find Chairman Gordon
himself to be at the very centre of this mess, which is seriously
inconveniencing the efforts of non-WiMax participants in the WG.
It is
clear from recent press articles that WiMax is pursuing a very aggressive
commercial position based around the exploitation of IEEE 802.16 Standards (even
going so far as to call "their" profiles the "WiMax Standard" ). Whilst they are
free / entitles to pursue their commercial objectives (like any consortium) we
need to ensure that this does not compromise or confuse the Standards
Development process or activities of an accredited SDO such as IEEE
802.16. We seem to be getting very close to the margins on this topic, and
I can smell whiffs of ISTO/BWIF type mischief in the air.
-----Original Message-----
From:
owner-stds-802-16@majordomo.ieee.org
[mailto:owner-stds-802-16@majordomo.ieee.org]On
Behalf Of Roger B. Marks
Sent: 08 May 2003 20:26
To: David Trinkwon
Cc:
stds-802-16@ieee.org
Subject: stds-802-16: RE: Profiles for the Tgd
group
David,
The Working Group does not own the content of
our drafts. IEEE holds
the copyright, subject to the permission of the
contributors of any
copyrighted materials. Copyright holders typically grant
IEEE
permission to use their contributions but do not give up
their
copyrights. The copyright policy is explained at
<http://ieee802.org/16/ipr/copyrights>.
The IEEE-SA
Standards Board Operations Manual says "The working group
is responsible for
receiving written permission to use all
copyrighted material prior to RevCom
submittal. " Normally, I solicit
such permission after Sponsor Ballot. In
this case, we have a issue
that cannot wait long for resolution. We need
clarification of the
copyright status of the contributed materials in
C802.16d-03/23 and
C802.16d-03/30. If we do not have free use of them, then
we have a
problem to deal with.
Therefore, I have written to the
copyright holder, WiMAX, soliciting
a formal copyright release. The letter is
IEEE I802.16-03/04
<http://ieee802.org/16/ipr/copyrights/letters/I80216-03_04.pdf>
Roger
At
1:21 AM +0100 03/05/08, David Trinkwon
wrote:
>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.
>
>
>David
Trinkwon
>Email : Trinkwon@compuserve.com
>USA Tel : 650 245
5650 Fax : 650
649 2728
>UK Tel : +44 (0)7802 538315 Fax : +44 (0)20
7504 3586
>
>
>-----Original Message-----
>From: Itzik
Kitroser [<mailto:itzikk@runcom.co.il>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>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>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);
>I<mailto:Itzikk@runcom.co.il>tzikk@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>mailto:gantonello@wi-lan.com>gantonello@wi-lan.com