Difference between revisions of "issues"

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=== Legal Entity Issues ===
 
=== Legal Entity Issues ===
* {{OpenIssue}} 2007-03-24 raised by [[User:JoeAndrieu|Joe Andrieu]]
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2007-03-24 raised by [[User:JoeAndrieu|Joe Andrieu]], clarified by [[User:Rohit|Rohit Khare]] on 2007-03-27.
*#* What is the legal entity that owns and controls microformats?
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# What is the legal entity responsible for operating microformats.org?
*#* It could be argued that current [[faq#Q:_Who_controls_microformats.3F|Admins]] are technically operating as a legal partnership, based on statements in the [[faq|FAQ]] and coordinated actions as "microformats". As I understand it, all that is required to be legally considered a partnership is to act like one; no paperwork is required. Is that the intention? 
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#* [[User:Rohit|Rohit Khare]] originally registered the microformats.com and .org domain names on 2005-01-25 and [http://commerce.net|CommerceNet, LLC], a non-profit 'think tank' with a long history as a neutral sponsor for developing standards for Internet commerce (often, in conjunction with other formal standards bodies). CommerceNet currently underwrites the server hosting costs and, in the past, has co-ordinated donations with other sponsors for events such as the [http://microformats.org/blog/2006/06/16/microformatsorg-anniversary-party/|first anniversary party], the [http://wiki.commerce.net/wiki/ZCommerceWS#Microformats workshop] where the site was launched, and promotional items.
*#** I am not a lawyer, but I have run into this problem before.
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# What is the legal entity responsible for the intellectual property on microformats.org?   
*#* Who owns and controls uF IP?   
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#* The current [[Template:MicroFormatCopyrightStatement|microformats copyright statement]] recognizes that IP is originally vested in the author(s), who are then expected to share those rights with the community by permitting their redistribution on microformats.org's wiki, blog, and mailing list archives. The additional distinction of becoming a specification may come with additional obligations to redistribute IP, such as a formal Creative Commons copyright license and a royalty-free patent license.
*#** Note that this relates directly to the [[microformats-issues#IP|IP question]] above. The current standard copyright statement (quoted [[microformats-issues#IP|above]])  places IP in the hands of the authors, not in the hands of any specific "community" nor the public domain, despite language in the FAQ and elsewhere regarding "Creative Commons" licensing.  Even if there is a CC license, ''who'' is doing the licensing? The authors individually? An as yet unnamed legal entity operating as microformats?
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#* Note that CommerceNet, LLC does ''not'' exercise any editorial control over the content of the site, mailing list, specifications, or the process, nor does it accept funds on behalf of microformats.org (see the [[Microformats:General_disclaimer|disclaimer]]). Conversely, the [[faq#Q:_Who_controls_microformats.3F|Admins]] do not have any independent legal identity at present, such as a partnership, foundation, or corporation. Please refer any legal questions or concerns directly to [mailto:rohit@commerce.net CommerceNet] before raising them as a matter of public record, as discussed on the mailing list [http://microformats.org/discuss/mail/microformats-discuss/2006-November/007086.html].
*#* According to [http://who.godaddy.com/WhoIs.aspx?domain=microformats.org DNS registrar records], the domain name is owned by Rohit Khare of KnowNow. Rohit used to be at CommerceNet. Does Rohit own uF? Or just the domain name?
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*#* The website is apparently hosted by John Companies. Who is the account holder? How is it paid? Who pays for it? Or is it donated? John Companies lists no phone number and the number for John Kozubik (registrant of the johncompanies.com url) in the DNS registry record is no longer valid. (I emailed him and asked, but I'm sure someone here at uF will know the answer...)
 
*#* Perhaps more legally clear, who was it that accepted receipt of funds raised in the past?  (It is my understanding that funds have been raised and spent in support of certain events. Please correct me if I'm wrong.)
 
*#** Were any tax-related document filed for current and or past fundraising? If so, through what tax ID #?
 
*#* It is my understanding that there is no formal corporation protecting those involved and retaining control and IP of assets. Is this correct?
 
 
=== Governance Issues ===
 
=== Governance Issues ===
 
:See: [[governance-issues]]
 
:See: [[governance-issues]]

Revision as of 02:38, 25 March 2007

Microformat Issues

These are externally raised issues about microformats in general (these issues MUST apply to more than one microformat, which MUST be explicitly listed, otherwise the issue should be raised on the format specific issues page) with broadly varying degrees of merit. Thus some issues are REJECTED for a number of obvious reasons (but still documented here in case they are re-raised), and others contain longer discussions. Some issues may be ACCEPTED and perhaps cause changes or improved explanations in the spec. Submitted issues may (and probably will) be edited and rewritten for better terseness, clarity, calmness, rationality, and as neutral a point of view as possible. Write your issues well. — Tantek

As this is a general microformats issues page, please only note concrete real world issues. Theoretical issues will be deleted, as will any issues raised that do not contain documentation of specific real-world examples that use real-world microformats (not just brainstorms).

Issues

Format Specific Issues

Please raise format specific issues on the respective page:

IP Issues

  • 2006-12-08 raised by Andy Mabbett.
    1. As discussed in [1], the current position on the IP rights relating to microformats is unclear, or at least not clearly expressed. It seems to me that there should be an unambiguous statement of the current position, either for each individual format, or collectively, on a page to which people with concerns may be directed.
      • ACCEPTED. A clearer statement of both copyright and patents both in specific specs and in general would be a good thing. In general, the end result that our current copyright/patent statements seek is Creative Commons, W3C, and IETF compatibility in terms of both copyrights, and royalty free patent policies. I will work on this Tantek 11:58, 9 Dec 2006 (PST)
        • open issue! This appears to be unresolved; and in the light of, for example, hCard#Copyright the hCard 'spec', the statement in the FAQ that "Microformats are open standards licensed under Creative Commons Attribution" to be, at best, erroneous and misleading. Andy Mabbett 11:04, 10 Mar 2007 (PST)
        • Also causing concern here. Prompt resolution would be advisable Andy Mabbett 09:04, 24 Mar 2007 (PDT)
          • First, Citation microformat efforts is not ready for use in Wikipedia anyway. Second, what is unclear about the Creative Commons/W3C/IETF license and patent statements? This appears to be a theoretical issue / nitpick. Yes, things can be made clearer, but "erroneous" and "misleading" are inaccurate labels.
          • This is not a citation issue. For example, hCard's current copyright statement is not compatible with the Creative Commons license:

            This specification is (C) 2004-2021 by the authors. However, the authors intend to submit (or already have submitted, see details in the spec) this specification to a standards body with a liberal copyright/licensing policy such as the GMPG, IETF, and/or W3C. Anyone wishing to contribute should read their copyright principles, policies and licenses (e.g. the GMPG Principles) and agree to them, including licensing of all contributions under all required licenses (e.g. CC-by 1.0 and later), before contributing.


            If you look at the wikicode, this is actually the "MicroFormatCopyrightStatement2004" default microformat copyright.--JoeAndrieu 15:09, 24 Mar 2007 (PDT)
  • Further to the above (but out-dented for clarity), hResume cedes copyright to "the authors": "This specification is (C) 2006 by the authors"; and names just one author; Ryan King. What legal standing does the "the authors (sic) intend to submit..." clause have? What exists, to reassure someone (or some mega corporation's lawyers) contemplating or already using hResume that they won't be invoiced by Mr King? Why aren't the other people who contributed to that spec jointly credited with its copyright? Andy Mabbett 17:34, 24 Mar 2007 (PDT)

Legal Entity Issues

2007-03-24 raised by Joe Andrieu, clarified by Rohit Khare on 2007-03-27.

  1. What is the legal entity responsible for operating microformats.org?
    • Rohit Khare originally registered the microformats.com and .org domain names on 2005-01-25 and LLC, a non-profit 'think tank' with a long history as a neutral sponsor for developing standards for Internet commerce (often, in conjunction with other formal standards bodies). CommerceNet currently underwrites the server hosting costs and, in the past, has co-ordinated donations with other sponsors for events such as the anniversary party, the workshop where the site was launched, and promotional items.
  2. What is the legal entity responsible for the intellectual property on microformats.org?
    • The current microformats copyright statement recognizes that IP is originally vested in the author(s), who are then expected to share those rights with the community by permitting their redistribution on microformats.org's wiki, blog, and mailing list archives. The additional distinction of becoming a specification may come with additional obligations to redistribute IP, such as a formal Creative Commons copyright license and a royalty-free patent license.
    • Note that CommerceNet, LLC does not exercise any editorial control over the content of the site, mailing list, specifications, or the process, nor does it accept funds on behalf of microformats.org (see the disclaimer). Conversely, the Admins do not have any independent legal identity at present, such as a partnership, foundation, or corporation. Please refer any legal questions or concerns directly to CommerceNet before raising them as a matter of public record, as discussed on the mailing list [2].

Governance Issues

See: governance-issues

Miscellaneous issues

New Issues

  • ...

Template

Please use this format (copy and paste this to the end of the list to add your issues):

  • open issue! YYYY-MM-DD raised by YOURNAME.
    1. Issue 1: Here is the first issue I have.
    2. Issue 2: Here is the second issue I have.

See also