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The information in this section summarize the requirements of the FINOS IP Policy as it applies to standards projects. Anyone involved in running a standards project should review that policy carefully in addition to referring to this information.
Chartering a standards project
When a new standards project is submitted for approval to a program PMC or the FINOS board, the charter should identify it as a standards project and should describe generally the types of standard(s) to be produced.
Requirements of standards project participants
IP licensing requirements
When a standards project approves a final standard, every participant in the project agrees to license its IP for purposes of implementing the standard, to anyone who chooses to implement it. This includes IP related to the participant's own specific contributions to the standard, as well as IP owned by the participant that relates to contributions made by other participants. These rules ensure that a standard cannot be held hostage by a single participant at the end of the process.
The above is only a summary of the IP licensing requirements of the FINOS IP Policy. Each participant should review the policy with its own counsel for complete information about these requirements.
Joining a standards project, grace period for new participants
Because every participant in a standards process must make a meaningful commitment regarding its own IP, membership in standards projects is important. Project leads should ensure that participants make their intent to join the group explicitly, in writing (an email is fine). Each participant has a grace period of 60 days after their enrollment to withdraw from the project and from any licensing commitment regarding the standards it approves. However, this grace period does not apply to the participant's own intentional contributions; if a participant makes a written or oral contribution to the standards process during the grace period, it commits to license any IP it holds related to that contribution.
Specific rules for software
If a final standard includes software (e.g. example code) in the specification itself, that software is subject to the same licensing requirements as any other contribution. If a standards project produces software separate from the specification (e.g. a reference implementation or other tools related to implementing the standard), that software is subject to the same licensing requirements as other FINOS software projects, i.e. it must be licensed under the Apache License unless the board approves an exception.
Getting the standards process underway
When a standards project begins its activities, it should notify all initial participants of the relevant terms of the FINOS IP Policy. Here is a sample email that can be used:
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This notice should also be provided to new participants that join after the project's activities are underway.
Meeting procedures for standards projects
Project leads should begin each meeting of the project by referencing the FINOS IP Policy and the FINOS Antitrust Policy. Here are slides that can be used:
Preparing for release
Publication for public comment
If a draft specification is published for public comment prior to its approval, it must include the introductory language provided in Section V.3.2.1 of the FINOS IP Policy.
Disclosure of necessary claims
Before a final specification is approved, the project lead should again remind participants of the FINOS IP Policy. Participants should be specifically reminded of Section V.3.1(c). That section says that, if a participant wishes to require implementers of the standard to obtain an explicit license from them, they must disclose the relevant patents, necessary claims, and the relevant portion of the standard using the appropriate form in Appendix A-1 or A-2 of the FINOS IP Policy. Any such forms submitted must be provided to the FINOS legal department at legal@finos.org.
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