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