Dear Anna,
Section 5.5 has language for all categories and it explicitly states
that each category must sign an IPR agreement. All we did is change the
previous meaning of "Members" (which was linked to "full members",
namely CAs and Browsers) to explicitly call them "Voting Members". If
you look at the rest of the first paragraph of 5.5, it describes the
obligations of "Voting Members", not just any type of Members, so I
believe the term "Voting Members" is accurate in the updated language.
It even describes how this type of Member changes to "Associate Member"
if it fails to deliver a signed IPR agreement when this agreement is
amended.
I apologize for starting the voting period before noticing your email.
In fact, it arrived to my mailbox minutes before the discussion period
ended and I didn't notice. There was no intention to dismiss your
comments without discussing. This is why we had an extended time for
discussion, so we can give everyone more time to go over the changes.
Now that the voting started, I can only encourage Members to vote
according to the existing language, and hopefully my clarifications
address your concerns.
Sincerely,
Dimitris.
On 2020-05-18 4:30 μ.μ., Anna Mayergoyz Weinberg wrote:
Hi,
Apple requests to remove the addition of “Voting" from the following
sentence in section 5.5 of the revised bylaws, which may have
unintentionally changed the scope of IPR Policy obligations:
As a requirement for membership, Voting Members must execute and
return to the CWG Chair the IPR Policy Agreement attached as
Exhibit A before participating in any CWG.
This language in the revised bylaws, which singles out Voting members
as required to sign the IPR Policy before participating in any CWG, is
not consistent with the remainder of this section, which generally
discusses “members". All members should be subject to and required to
sign the IPR Policy. In addition, the change is not consistent with
other parts of the bylaws, including e.g.,Section 1.3, which reads:
Forum Voting Members, Associate Members, and Interested Parties
must comply with the then-current IPR Policy and all applicable
antitrust laws and regulations during their Forum activities.
And, e.g, section 3.1, which reads:
Participation as an Associate Member is by invitation only. In
order to become an Associate Member, an organization must sign a
mutual letter of intent, understanding, or other agreement and the
Forum’s IPR Policy Agreement …
And, e.g., section 3.2, which reads:
Any person or entity that wishes to participate in the Forum as an
Interested Party may do so by providing their name, affiliation
(optional), and contact information, and by agreeing to the IPR
Policy Agreement attached as Exhibit A (indicating agreement by
signing the agreement).
Best regards,
Anna
Anna Weinberg
Senior Standards Counsel
Apple Inc.
408-429-9211 [email protected] <mailto:[email protected]>
On May 4, 2020, at 1:58 AM, Dimitris Zacharopoulos (HARICA) via
Public <[email protected] <mailto:[email protected]>> wrote:
The following motion has been proposed by Dimitris Zacharopoulos of
HARICA and endorsed by Mike Reilly of Microsoft and Tim Hollebeek of
Digicert.
*Purpose of Ballot*:
The Forum has identified and discussed a number of improvements to be
made to the current version of the Bylaws to improve clarity and
allow the Forum to function more effectively. Most of these changes
are described in the “Issues with Bylaws to be addressed
<https://docs.google.com/document/d/1EtrIy3F5cPge0_M-C8J6fe72KcVI8H5Q_2S6S31ynU0>”
document.
Here is a list of major changes:
1.
Clarified the use of the term “Member” so it is clear when we
discuss about all Forum Members (which includes Associate Members
and Interested Parties), and when we discuss about the “Voting
Members”. Adding the word “Voting” in front of the word “Member”
removes this ambiguity. Also, the term “Members” or “Forum
Members” is now the union of “Voting Members”, “Associate
Members” and “Interested Parties”.
2.
Added the term “Voting Representative” which is designated by
each Member. Only votes submitted by Voting Representatives will
be considered.
3.
Replaced “Forum wiki” with the properly defined term “Member Web
Site”.
4.
Removed references for Webmaster in the definition of “Public Web
Site” since it is repeated in section 5.2.
5.
Added the Photography Policy in Exhibit D.
6.
Clarify 4.1 (2) that Forum Members nominate representatives
7.
Allow Informative Changes to Guidelines
8.
In 5.3.1 require that a Certificate Issuer is trusted in the
“latest” software produced by a Certificate Consumer
9.
In 4.1 the Chair is eligible to be elected as Chair after having
vacated the position as Chair for at least one (1) term, instead
of two (2) years.
*-- MOTION BEGINS --*
*Amendment to the Bylaws:* Replace the entire text of the Bylaws of
the CA/Browser Forum with the attached version (CA-Browser Forum
Bylaws v2.3.pdf).
*NOTE:* There are three redline versions:
1.
PDF (attached as "CA-Browser Forum Bylaws v2.3-redline.pdf")
2.
DOCX (attached as "CA-Browser Forum Bylaws v2.3-redline.docx")
3.
GitHub redline available at
https://github.com/cabforum/documents/compare/fc63be73323195abc4e462708ca0385e37b7043d..a94d136c6ddbd0024e9bdc70785aa71f1e2f6753#diff-c2f0349076f544cc0e9f059f30f21a85
*-- MOTION ENDS --*
The procedure for approval of this ballot is as follows:
*Forum-12 - Update CA/B Forum Bylaws*
*Start time (15:00 UTC)*
*End time (15:00 UTC)*
Discussion (14 days)
04 May 2020
18 May 2020
Vote for approval (7 days)
TBD
TBD
<CA-Browser Forum Bylaws v2.3-redline.pdf><CA-Browser Forum Bylaws
v2.3-redline.docx><CA-Browser Forum Bylaws
v2.3.pdf>_______________________________________________
Public mailing list
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https://cabforum.org/mailman/listinfo/public
_______________________________________________
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https://cabforum.org/mailman/listinfo/public
