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----- Original Message -----
From: Alderman
Ray
To: GTW
Sunday, January 03, 2010 3:38 PM
Subject: Re: Insight Volume 11 Num 3 November 2009
Your summary looks fine...I read your referenced pages and the
links. I think there are some inherent legal issues that must be
resolved before disclosures made in a standards group are then
made public. Take connectors, for instance. A connector company
makes an ex ante declaration (concerning essential IP to practice
a standard) in a US standards body and discloses fees and
royalties related to that specific standard. Connector pricing,
fees, and royalties are different in Europe than in the US. If
that ex ante disclosure were public, that would then lead European
connector makers to assume the same conditions and terms as US
connector makers, and that could create some conflicts and
possible problems for the discloser. Also, as I mentioned before,
I only have a fiduciary duty to the members of VITA. I do not have
a fiduciary duty to non-members, nor can I guarantee that they
are covered by ex ante disclosures made under VITA,
especially across borders and across other non-related standards.
Until this "duty to non-members" is legally established,
we will keep our disclosures for members only. This whole concept
of mandatory (or voluntary) ex ante disclosure is new, and the
legal system has yet to deal with it on a broader (public) scale.
This may be why some SDOs have adopted voluntary ex ante
disclosure (with few or no voluntary disclosures being submitted).
Until we have clarification on this issue, we will rely upon the
principle of "fiduciary duties" to guide us concerning
how broadly we disclose declarations. Present world economic
conditions, financial turmoil and difficulty in the tech industry,
and recent protectionist actions in markets and industries in
different countries inspire companies with essential IP associated
with certain standards to ignore disclosures (unless mandated by
the SDO policies and procedures).
Regards....Ray
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GTW Associates welcomes
your
comments and suggestions.
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