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Re: stds-802-16: Removal of IEEE C802.16d-03/30 (from WiMAX)



Title:

Dear Roger,
Document IEEE C802.16d-03/30 which has been put on the server, contains a non-standard Release clause which limits its release.  I believe it is inappropriate. The Release and Patent Policy clauses are "the rules of the game" we are playing at IEEE. If the contributors do not wish to play by those rules, they do not have to put in any contribution, but once they did they should abide by them. Changing the rules only leads to  controversy such as the petty "copyright" controversy we are witnessing below, which only takes the focus away from the real work we are facing.
I urge you to remove this document from the server until this issue is resolved.  Tgd chairman should be instructed not to accept such documents in the future (even if he himself is one of the contributors)
 
Avi Freedman
----- Original Message -----
Sent: Thursday, May 08, 2003 2:21 AM
Subject: stds-802-16: RE: Profiles for the Tgd group

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]
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