stds-802-16: legal issues and private discussions

["Roger B. Marks" <r.b.marks@ieee.org>]

I'd like to respond here to two notes posted since Friday night:

(1)
>I just accidentally found out that a day and a half meeting has been
>scheduled by some members of the IEEE 802.16 next week in Phoenix to
>progress the merging of the current BWA proposals to the IEEE 802.16.
>Considering that not all members/participants of the IEEE 802.16 have been
>informed or are invited to this meeting,( and as I was told that some of the
>invitees are not proposers of the existing 802.16 BWA proposals), could
>participants in such selective meetings, and/or the IEEE, and/or IEEE
>802.16(that has encouraged such informal process for facilitating the
>merging the current IEEE802.16 BWA proposals), be legally liable of being
>accused of meeting to reach decisions outside an open forum so as to "stack
>the cards" on what gets approved in the formal IEEE 802.16 meetings, and
>thus constrain trade by excluding other proposals?

The reflector rules (emailed to all new subscribers) say that "This 
reflector is exclusively for the Group's official business." 
Complaints about the behavior of private parties are ABSOLUTELY not 
802.16's official business and do not belong on stds-802-16.

Regarding the suggestion of improper behavior by 802.16 itself, there 
is an appropriate forum to raise such issues. Namely, Working Group 
members have the right to lodge complaints about Working Group 
operation with the 802 Executive Committee. I would be happy to 
provide any member with the appropriate contact information so that 
they may conveniently do so.

Let's be clear on 802.16's position. Document IEEE 802.16-99/05 
("Development Plan for 802.16.1 Air Interface Standard") [approved by 
letter ballot, 99/10/27, on a vote of 60 Approve, 1 Do Not Approve, 
and 1 Abstain] "describes a strongly contribution-driven scheme" and 
"establishes a cooperative approach in which improvements to and 
mergers of contributions are anticipated and encouraged." 
Furthermore, when we invited certain people to submit contributions 
to Session #6 [see IEEE 802.16-00/04 ("802.16.1 Invitation to 
Contribute: Session #6")], we told them that "Joint proposals from 
multiple contributors are strongly encouraged. Uninvited 
co-submitters are welcome."

802.16 has often received contributions from more than one person. I 
would not be surprised to find that the submitters discussed and 
agreed upon their contribution before submitting it.

This email reflector is not an effective forum for a legal 
discussion. However, I can venture an answer to the specific 
question, which asked whether certain parties can be accused of 
certain activities and intentions. For the most part, anyone can make 
accusations. However, it is not prudent or constructive for people to 
make them carelessly.


(2)

>I am sorry but I am not a legal person and that is why I asked the 
>question to Roger. Many times people with good intentions do bad 
>and/or illegal things.

The note above was delivered to 340 people, not just to me. I infer 
that the question was being asked of all 340 people, not just of me.

I agree that people sometimes do bad things and that, sometimes, 
their intentions are good.


Dr. Roger B. Marks  <mailto:r.b.marks@ieee.org>
Chair, IEEE 802.16 WG on Broadband Wireless Access <http://ieee802.org/16>