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Subject: RE: [ebxml-dev] Anyone else rather perturbed by IBM's recentannouncement....
Scott, Excellent points and argument. Why did none of us remember this until you jogged our memory. I recall specifically sitting in on Marty's presentation at X12.... Rachel Rachel Foerster Principal Rachel Foerster & Associates, Ltd. Professionals in EDI & Electronic Commerce 39432 North Avenue Beach Park, IL 60099 Phone: 847-872-8070 Fax: 847-872-6860 http://www.rfa-edi.com -----Original Message----- From: Scott Nieman [mailto:snieman@venturipartners.com] Sent: Thursday, April 18, 2002 2:57 PM To: 'ebxml-dev@lists.ebxml.org' Subject: FW: [ebxml-dev] Anyone else rather perturbed by IBM's recent announcement.... Does anyone else believe that IBM's CPPA patent could be contested?? I am not a patent attorney either, but I want to add my $.02 worth. All one really needs to do is to read the first few paragraphs of ISO 14662 Open-edi, which was first crafted in the early 1990s, to read about the formation of agreements on the fly in order to conduct electronic business on the basis of Open-edi scenarios. UN/CEFACT/TMWG (and its predecessor AC.1) produced a document (N010) the Next Generation EDI Reference Model, which included the concept of discovering the capabilities of trading partner using electronic means. The development of this document started in the 1995-1996 timeframe, evolving from IDEF modeling techniques to UML. This effort determined that Open-edi scenarios could be modeled as use case scenarios. The N010 document was the stepping stone to N090 or UMM as we know it. X12 also has the Trading Partner Profile (X12 838), first introduced at version release 3020 in the early 90's as well. It has several segments that provided information about transaction capabilities (TXN) and information about business applications (ENE) at a company. It was intended to configure new trading partners but few people really knew how to do this, or wanted to, because by that time AI techniques had a bad rap. Auto-configuration was never completely possible, since all the implementation guideline were different. X12's SITG also participated with TMWG to work on both N010 and N090. IBM was invited by SITG to speak at X12 to discuss their efforts on Long Running Transactions, and speaker was our friend Marty Sachs. We thought this was an information sharing event at the time. Most know that Marty's R&D ultimately evolved into tpaML. All the prior mentioned standards/documents have been in the public domain long before tpaML. Finally, merging of profiles is a common practice in AI for decision support, personalization and other wonderful tricks. So far the "innovation" behind tpaML is lacking. I do not know the contents of IBM patent nor does it seem anyone else does at this time, other than IBM themselves. I hope that this patent be REJECTED or rescinded (or whatever the process) by the Patent Office based on OBVIOUSNESS. It is not an original concept. Scott Nieman Practice Director - Integration Venturi Technology Partners 952.352.5889 -----Original Message----- From: Martin W Sachs [mailto:mwsachs@us.ibm.com] Sent: Wednesday, April 17, 2002 7:45 PM To: andrzej@chaeron.com Cc: ebxml-dev@lists.ebxml.org Subject: Re: [ebxml-dev] Anyone else rather perturbed by IBM's recent announcement.... You apparently are not familiar with standards patent policies and practices. Licensing patents for "reasonable and nondiscriminatory" terms is quite common though not universal. Below is a reply that I posted on the ebtwg list: First of all, you can view the IBM IPR disclosure on the CPPA page of the OASIS web site. The OASIS IPR policy is also publicly shown on the OASIS top level page. IBM has a patent covering electronic agreements which dates from before the ebXML CPA work started. We disclosed it recently in accordance with OASIS policy which is "reasonable and nondiscriminatory licensing" (RAND). There was an unfortunate snafu earlier somewhere inside IBM. The disclosure was to be made to ebXML (also RAND policy) in mid-2000 in conjunction with the startup of the CPP-CPA team but someone dropped the ball. I am not authorized to discuss the legal matters but anyone with a specific concern about CPPA version 1, which predates the disclosure, should contact the IBM attorney mentioned in the disclosure. Regards, Marty **************************************************************************** ********* Martin W. Sachs IBM T. J. Watson Research Center P. O. B. 704 Yorktown Hts, NY 10598 914-784-7287; IBM tie line 863-7287 Notes address: Martin W Sachs/Watson/IBM Internet address: mwsachs @ us.ibm.com **************************************************************************** ********* Andrzej Jan Taramina To: ebxml-dev@lists.ebxml.org <andrzej@chaeron. cc: com> Subject: [ebxml-dev] Anyone else rather perturbed by IBM's recent announcement.... 04/17/2002 06:41 PM Please respond to andrzej ..that they have patents and IP relating to CPP/CPA's and do not intend to license them for free? Article on the subject at: http://techupdate.zdnet.com/techupdate/stories/main/0,14179,2861528,00.html ...Andrzej Chaeron Corporation http://www.chaeron.com ---------------------------------------------------------------- The ebxml-dev list is sponsored by OASIS. 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