IP Policy

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IP Policy

Kent Landfield-2

We were going down a path of getting the Intellectual Property Policy for approved on the list in preparation for Mitre and Board approval.  I have been seeing documents being sent to this list that have “All Rights Reserved” for a specific company on them but they are meant to be used within the OVAL context.  This was not acceptable in the past. We need to make sure we have a clear and approved policy surrounding IP.

 

Mitre, what is the current status of the IP agreement and could a current copy be posted to the list for continued discussion towards a final result?

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026

 

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].

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Re: IP Policy

Ken Lassesen
If there is a policy --- then all subscribers to all OVAL lists would need to agree to the terms as a enforcable condition of joining a list, by going to a page and clicking "accept" etc, and likely one of those "read the letters" tests. There would also be a need to confirm their email with the IP agreement presented at the same time (and re-acknowledged). The giving up of rights must be prominantly displayed...  seek further legal advise on this -- since different jurisdictions will have different legal requirements. Such an item should be plastered all over the place...
 
For me, I was given just the name of the list and the List server it was on --- and just sent the classic subscribe email. This means at a minimum we need to get off a listserver and onto a secure discussion framework.
 
I read one of the drafts IP policy and it appear to be dealing exclusively with Schema and Xml submitted, and works derived from those items.  This opens up a major problem of intrepretation ---
-- if someone writes it in Oval -- does that mean that the content is automatically handed over by virtue of writing it in Oval format?  For many business that will not fly and they will step away from Oval quickly.....
-- if someone writes up definitions and places it on their site, and if someone else posts a link to it on a list (and happen to be working for the same company) -- does that mean that by giving out the URL, it becomes Oval-owned content?
 
The draft that I've read is nice philosophically in a perfect world --- but is likely not enforcable, and if made enforcable -- likely to kill working together because every email or document produced will disappear into legal for 6 weeks ...
 
Most purple robes would likely contend that any giving up of rights must be done by explicit act and not by an implicit action like sending an email to a list....  it's equivalent as saying "we have evidence that an email was sent to you by a member of the Taliban -- you just won a retreat at beautiful Guantanamo Bay!"
 
IMHO
 
It is good to have this issue brought up --- but I think that there are many miles to go in refining an IP policy and then defining how it may be implemented appropriately!


 
On 7/26/06, Kent Landfield <[hidden email]> wrote:

We were going down a path of getting the Intellectual Property Policy for approved on the list in preparation for Mitre and Board approval.  I have been seeing documents being sent to this list that have "All Rights Reserved" for a specific company on them but they are meant to be used within the OVAL context.  This was not acceptable in the past. We need to make sure we have a clear and approved policy surrounding IP.

 

Mitre, what is the current status of the IP agreement and could a current copy be posted to the list for continued discussion towards a final result?

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026

 

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].




--
Ken Lassesen
http://www.linkedin.com/pub/1/4a/841 To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].
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Re: IP Policy

Ken Lassesen
As a FYI, this links read like a more mature IP situation...
 
 
One is dealing with patches...

 
On 7/26/06, Ken Lassesen <[hidden email]> wrote:
If there is a policy --- then all subscribers to all OVAL lists would need to agree to the terms as a enforcable condition of joining a list, by going to a page and clicking "accept" etc, and likely one of those "read the letters" tests. There would also be a need to confirm their email with the IP agreement presented at the same time (and re-acknowledged). The giving up of rights must be prominantly displayed...  seek further legal advise on this -- since different jurisdictions will have different legal requirements. Such an item should be plastered all over the place...
 
For me, I was given just the name of the list and the List server it was on --- and just sent the classic subscribe email. This means at a minimum we need to get off a listserver and onto a secure discussion framework.
 
I read one of the drafts IP policy and it appear to be dealing exclusively with Schema and Xml submitted, and works derived from those items.  This opens up a major problem of intrepretation ---
-- if someone writes it in Oval -- does that mean that the content is automatically handed over by virtue of writing it in Oval format?  For many business that will not fly and they will step away from Oval quickly.....
-- if someone writes up definitions and places it on their site, and if someone else posts a link to it on a list (and happen to be working for the same company) -- does that mean that by giving out the URL, it becomes Oval-owned content?
 
The draft that I've read is nice philosophically in a perfect world --- but is likely not enforcable, and if made enforcable -- likely to kill working together because every email or document produced will disappear into legal for 6 weeks ...
 
Most purple robes would likely contend that any giving up of rights must be done by explicit act and not by an implicit action like sending an email to a list....  it's equivalent as saying "we have evidence that an email was sent to you by a member of the Taliban -- you just won a retreat at beautiful Guantanamo Bay!"
 
IMHO
 
It is good to have this issue brought up --- but I think that there are many miles to go in refining an IP policy and then defining how it may be implemented appropriately!


 
On 7/26/06, Kent Landfield <[hidden email]> wrote:

We were going down a path of getting the Intellectual Property Policy for approved on the list in preparation for Mitre and Board approval.  I have been seeing documents being sent to this list that have "All Rights Reserved" for a specific company on them but they are meant to be used within the OVAL context.  This was not acceptable in the past. We need to make sure we have a clear and approved policy surrounding IP.

 

Mitre, what is the current status of the IP agreement and could a current copy be posted to the list for continued discussion towards a final result?

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026

 

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].




--
Ken Lassesen
<a title="http://www.linkedin.com/pub/1/4a/841" onclick="return top.js.OpenExtLink(window,event,this)" href="http://www.linkedin.com/pub/1/4a/841" target="_blank">http://www.linkedin.com/pub/1/4a/841



--
Ken Lassesen
http://www.linkedin.com/pub/1/4a/841 To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].
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Re: IP Policy

Boczenowski, Steve
In reply to this post by Kent Landfield-2
Kent et al;
 
We have been talking to a MITRE attorney and will have a report at the next OVAL Board meeting.  Although it has not yet been announced, we anticipate the next board meeting will be in the next few weeks.
 
Steve
 


From: Kent Landfield [mailto:[hidden email]]
Sent: Wednesday, July 26, 2006 12:39 PM
To: oval-developer-list OVAL Tech Issues/Closed Public Discussion
Subject: [OVAL-DEVELOPER-LIST] IP Policy

We were going down a path of getting the Intellectual Property Policy for approved on the list in preparation for Mitre and Board approval.  I have been seeing documents being sent to this list that have “All Rights Reserved” for a specific company on them but they are meant to be used within the OVAL context.  This was not acceptable in the past. We need to make sure we have a clear and approved policy surrounding IP.

 

Mitre, what is the current status of the IP agreement and could a current copy be posted to the list for continued discussion towards a final result?

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026

 

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].
To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].
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Re: IP Policy

Kent Landfield-2
In reply to this post by Kent Landfield-2

Thanks Steve. I look forward to the concall.

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026


From: Boczenowski, Steve [mailto:[hidden email]]
Sent: Monday, August 07, 2006 11:23 AM
To: [hidden email]
Subject: Re: [OVAL-DEVELOPER-LIST] IP Policy

 

Kent et al;

 

We have been talking to a MITRE attorney and will have a report at the next OVAL Board meeting.  Although it has not yet been announced, we anticipate the next board meeting will be in the next few weeks.

 

Steve

 

 


From: Kent Landfield [mailto:[hidden email]]
Sent: Wednesday, July 26, 2006 12:39 PM
To: oval-developer-list OVAL Tech Issues/Closed Public Discussion
Subject: [OVAL-DEVELOPER-LIST] IP Policy

We were going down a path of getting the Intellectual Property Policy for approved on the list in preparation for Mitre and Board approval.  I have been seeing documents being sent to this list that have “All Rights Reserved” for a specific company on them but they are meant to be used within the OVAL context.  This was not acceptable in the past. We need to make sure we have a clear and approved policy surrounding IP.

 

Mitre, what is the current status of the IP agreement and could a current copy be posted to the list for continued discussion towards a final result?

 

--

Kent Landfield

Citadel Security Software Inc.

[hidden email]

(o) (214) 750-2492

(c) (817) 637-8026

 

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].

To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email]. To unsubscribe, send an email message to [hidden email] with SIGNOFF OVAL-DEVELOPER-LIST in the BODY of the message. If you have difficulties, write to [hidden email].

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