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Subject: [ebxml] IBM patents issue response (from ebXML JCC)

EbXML activities are orchestrated by the project's co-sponsors, the
industry coalition OASIS and the UN entity CEFACT, through a joint
coordinating committee, whose unanimous viewpoint is reflected here.  Since
its inception, ebXML's project requirements have included wide availability
of standards, free of proprietary limitations, to maximize access and
promote robust development of electronic commerce.  In our view, the strong
industry showing of ebXML implementations by developers and commercial
users is largely due to that wide availability and
neutrality.   Maintaining that accessibility will require that for the most
part ebXML standards incorporate only royalty-free technologies.

We asked IBM to assist CEFACT and OASIS in clarifying whether there is a
risk of royalty assertions in connection with uses of the copyrighted ebXML
specifications.  We received the following response from IBM, and expect to
be able to reach a satisfactory resolution.   EbXML has enjoyed tremendous
positive response and adoption by multiple implementers and users.  We do
not anticipate significant changes in that trend as we work out issues of
interoperability and rights claims.

ebXML Joint Coordinating Committee

[message copied below]

>>From: Robert S Sutor [mailto:sutor@us.ibm.com]
>>Sent: Thursday, April 18, 2002 6:27 PM
>>1. ebXML followed the OASIS intellectual property policy.
>>2. IBM believes we followed the OASIS intellectual property policy
>>3. IBM will NOT charge royalties on either the patent related to TPA or
>>the additional one whose application we disclosed.
>>We will not be amending our declaration to you, just qualifying it to you
>>as above. * * *
>>IBM is proud of our work in ebXML and proud of our past and current
>>participation in OASIS. OASIS will be an important organization for IBM
>>and the industry as we all move to a common infrastructure for
>>successfully conducting business on the Internet.  * * *
>>Robert S. Sutor, Ph.D.
>>   Director, IBM e-business Standards Strategy

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