Mark,

I'm just thinking out loud here, but if I knew that coming along to start-up 
camp meant anything I produced would be owned by the "entity", even if I built 
it myself, I might think twice about attending, and certainly about putting 
forward good ideas that I hadn't had a chance to get around to. I'm not 100%, 
but I think ut.ag's idea had been bubbling in one of their member's mind for a 
while but he hadn't had the time to realise it at all; getting too heavy with 
the IP up front may act as a big break on the enthusiasm to participate, much 
like collaborating or doing work with some Universities can be.

I'd instead suggest having a "vehicle" available if people want to take 
advantage of it is a good idea, or even dictating that that vehicle by 
facilitating startupweekend has rights to 10% of the equity or something like 
that, but anything more will probably turn people off. I'm a big fan, however, 
of getting the association registered so that if an appeal is made to someone 
like TVP, they actually have an entity to write the cheque to. It can also help 
to take the weight of Bart's shoulders.

Geoff

-----Original Message-----
From: [email protected] [mailto:[EMAIL PROTECTED] On 
Behalf Of Mark Neely
Sent: Tuesday, 9 September 2008 6:25 PM
To: [email protected]
Subject: [SiliconBeach] Re: Startup Camp IP issues


Elias,

I agree that the initial setup fees can be kept quite modest (esp with
donations of in-kind professional fees).

The real cost overhead comes in *managing* the IP. To be effective, the
entity needs to create and oversee an IP register (capturing details such as
what IP has been created, who created it, who has rights to it, any
supporting IP (i.e. IP which that IP is based on etc.). On-going IP
management can be expensive, especially if patents are required.

Commons-like entities can do it fairly cheaply, because they expressly avoid
IP ownership - they use contracts that grant derivative IP rights to
allcomers, without touching the underlying rights of the IP owners (and it
is up to the owners to take any steps they want to protect their IP).

Also, once you start getting involved with the Microsofts and IBMs of the
world, admin effort escalates. Meetings, proposals, contracts, more meetings
etc. That can quickly become quite onerous if the people running the show
have (more than) full-time jobs managing their own businesses/start-ups etc.

Most CRCs have a dedicated Secretariat to handle this work - they do the leg
work of managing IP, brokering licensing queries, handling squabbles and
generally keeping things ticking over.

I'm not 'black hatting' the concept, just suggesting we need to factor into
the costings having an individual or small team (even if only part-timers)
whose job it is to manage the back office, once the entity gets to a certain
level of maturity.

I definitely think this is doable. I'd be keen to have an off-list
brainstorm with interested parties to refine the objectives/goals, and then
work up a structure that would suit the objectives and which could be run as
efficiently (cost/time) as possible.

Regards,

Mark

-----
Mark Neely
Master Strategist
Infolution Pty Ltd

e: [EMAIL PROTECTED]
m: +61 (0)412 0417 29
skype: mark.neely

Read my blogs --> www.infolution.com.au
                            www.neelyready.com
Connect on LinkedIn --> www.linkedin.com/in/markneely



-----Original Message-----
From: [email protected]
[mailto:[EMAIL PROTECTED] On Behalf Of Elias
Bizannes
Sent: Tuesday, 9 September 2008 11:14 AM
To: Silicon Beach Australia
Subject: [SiliconBeach] Re: Startup Camp IP issues


I've been involved in a lot of discussions in the states about creating some
legal entitys - one for the DataPortability Project, and another for
consolidating a lot of players in the space like Identity Commons, Liberty
Alliance, VRM, XDI.org and other organisations. I've also been lurking on
the evolution of the Open Web Foundation - so this discussion is
interesting, because maybe there is an opportunity here in Australia.

Brief
- a community driven legal entity
- a two tier governance model: one where companies can fund and influence
allocation of spending; another elected by the community that executes the
organisation
- can be used to hold common IP. Perhaps as Mark describes.
- Used as a way to help other great initiatives like co-working spaces,
conferences.
- a way of enabling cross collaboration amongst the various groups like
associations, special interest groups, communities
- companies like Atlassian, Microsoft, IBM and the rest can support this one
organisation (ie, donating software) and multiple groups can benefit without
going through the hoops themselves.

And I've spent well over 50 hours creating a governance framework for the
DataPortability Project, which can easily be applied to this community
(decentralised, open to anyone, no formal memberships, etc)

The ASIC application fee is $400 (which is a night out in Sydney :) ), and
no professional fees as I'm a chartered accountant and my old man is a
lawyer so we can donate time to set it up and administer.

Would people be interested in me creating a silicon beach foundation to be
used for purposes like this?





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