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JSR358-85: IP should vest as soon as granted rather than when the JSR goes final #57

Open apastsya opened 9 years ago

apastsya commented 9 years ago

Jira issue originally created by user pcurran:

Many people interpret the current version of the JSPA as specifying that IP "vests" only when the JSR is completed rather than when the contribution is made. We should fix this.

apastsya commented 9 years ago

Comment created by pcurran:

A suggestion made several years ago by a Sun lawyer: Change the definition of Output from:

"the Specification and associated Reference Implementation and Technology Compatibility Kit generated by an Expert Group with respect to the JSR for which that Expert Group is formed."

to:

"the Specification and associated Reference Implementation and Technology Compatibility Kit generated by an Expert Group, in any pre-final as well as final forms, with respect to the JSR for which that Expert Group is formed."

apastsya commented 9 years ago

Comment created by mmilinkov:

Caveat: I am not a lawyer, and the final wording of this will need to be validated by counsel.

That said:

(a) I am not particularly happy with the term "pre-final", as I really don't know what that means. Actually, I am not even sure it's a word.

(b) It has some interesting implications for when rights vest. So, for example, this new definition would mean that the grants in Section 4. would vest immediately, rather than when the spec went final.

(c) Even with the definition, the JSPA will require further editing. For example, see Section 6.A which says "...With respect to the Output of JSRs for which You are not the Spec Lead, You ...hereby agree to grant under each patent claim that You and/or such party own, will own or have the authority to license, after adoption of the Spec...".

So I think that the idea is helpful, but it is not the complete solution.