ITU Workshop on Standards and
Intellectual Property Rights
(IPR) Issues
ITU Software Copyright
Guidelines
Philip Wadsworth
Vice President & Legal Counsel
Qualcomm
New Delhi, India, 19-20 December 2011
International
Telecommunication
Union
Rules of the Road
Software generally should not be included in any
ITU Recommendation
There may be exceptions to the general rule where
it is technically appropriate to include software in an
ITU Recommendation
The use of software shall not be mandated by ITU
Study Groups shall not accept software
contributions that, if included in a Recommendation,
will require implementers to be subject to a thirdparty software license that does not meet the
licensing requirements set forth in the Guidelines
and its annexes
New Delhi, India, 19-20 December 2011
International
Telecommunication
Union
Rules of the Road (cont’d)
A Software Copyright Holder must submit a copy of a
signed Software Copyright Statement and Licensing
Declaration with any contribution of software before
such contribution can be finally approved for inclusion
in a Recommendation
Any Software Copyright Statement and Licensing
Declaration shall apply to the software and the
Recommendation identified in the Declaration and any
revisions thereto
Software in an approved Recommendation shall be in
source code; however, object code may be contributed
instead of source code during the selection phase in the
development of a Recommendation; must include
reference to Evaluation License in Annex B!
International
New Delhi, India, 19-20 December 2011
Telecommunication
Union
Types of Software Considered
Enhances the description of functionality required to be
implemented in products or services for those products
or services to conform to the Recommendation
As an example of how required functionality might be
achieved
Enables testing of an implementation for conformance
with the required functionality
Describes data structures, schema, ASN.1, EBNF
grammar specifications, etc.
Collaboratively Developed Software
• Software Developed Collaboratively By the Study
Group Without Contributed Code
• Software Developed Collaboratively By the Study
Group With Contributed Code
International
New Delhi, India, 19-20 December 2011
Telecommunication
Union
Software Copyright Statement
and Licensing Declaration
Overview
Must be submitted after selection, but before final approval
Includes licencing and waiver options for the use of the software
contribution in compliant products by implementers, one of which
must be selected for each software contribution
Includes additional terms and conditions which apply to the software
contribution, including:
Grant of royalty free copyright licence for the purpose of
evaluation of the draft Recommendation and the use of the
software contribution to test outputs or implementations
Representations and warranties regarding right to licence or
waive copyright in, the software contribution
Negation of implied warranties and limitation of liability
provisions
Negations of implied patent licenses and patent licensing
International
commitments
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
•
Options for the use of the software contribution in compliant
products by implementers:
Option 1.1 – The Software Copyright Holder hereby waives its software
copyright rights, and hence the provisions in Option 1.1 of Annex C (of the
Software Copyright Guidelines) apply.
Option 1.2 - The Software Copyright Holder hereby grants a license without
monetary compensation under the license terms and conditions set forth in
Annex C Option 1.3 of the ITU Software Copyright Guidelines. Implementers
do not need to contact the Software Copyright Holder for a license.
Option 1.3 - The Software Copyright Holder will grant a license without
monetary compensation as set forth in Option 1.4 of Annex C of the ITU
Software Copyright Guidelines. Additional reasonable and non-discriminatory
terms and conditions may be included in such license. Negotiations with
regard to the license are left to the parties concerned and are performed
outside the ITU.
International
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
Options for the use of the software contribution in
compliant products by implementers (cont’d):
Option 2 - The Software Copyright Holder will grant a
license as set forth in Option 1.4 of Annex C of the ITU
Software Copyright Guidelines. Additional reasonable and
non-discriminatory terms and conditions may be included
in such license. Negotiations with regard to the license are
left to the parties concerned and are performed outside
the ITU.
Option 3 -The Software Copyright Holder is unwilling to
grant licenses according to the provisions of 1.1, 1.3, 1.4
or 2 above.
International
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
Mandatory License Agreement (from Annex B):
Any participant contributing Software to an ITU Recommendation (the
“Software Copyright Holder”) hereby grants, without monetary
compensation or any restriction other than as set out in this Annex B, an
irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable
copyright licence to reproduce, prepare derivative works of (including
translations, adaptations, alterations), display, distribute and execute the
contributed Software for the following limited purposes:
to the ITU and its Members to evaluate the Software and any derivative
works thereof in order to determine whether to support the inclusion of
the Software in that Recommendation;
to the ITU to publish the Software and any derivative works thereof in
that Recommendation; and
to any implementer (including academic and research institutions) of
that Recommendation (“Implementer”) to evaluate the Software and
any derivative works thereof for inclusion in its own implementation of
that Recommendation; and
to any Implementer of that Recommendation to use the Software and
any derivative works thereof for purposes of determining whether any
implementation or proposed implementation conforms to that
Recommendation.
International
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
Mandatory License Agreement (from Annex B) (cont’d):
Neither the Software Copyright Holder nor any Member or
Implementer shall be liable for incidental, indirect, special,
exemplary or consequential loss or damages of any nature, or for
lost profits, savings or revenues of any kind, however caused
under this Agreement, whether or not the applicable party has
been advised of the possibility of such damages.
In addition, the Software Copyright Holder represents and
warrants that, to the best of its knowledge, it has the necessary
copyright rights to license its contribution hereunder to the ITU,
its Members and Implementers of the Recommendation.
International
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
Mandatory License Agreement (from Annex B) (cont’d):
Other than as expressly provided herein, (1) Software contributed for
inclusion in a Recommendation is provided “AS IS” WITH NO
WARRANTIES, EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED
TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS and (2) neither the Software Copyright Holder (or
its affiliates) nor the ITU shall be held liable in any event for any
damages whatsoever (including, without limitation, damages for loss
of profits, business interruption, loss of information, or any other
pecuniary loss) arising out of or related to the use of or inability to
use the Software.
The Software is and will remain the sole property of the Software
Copyright Holder. No other terms and conditions may be added to
this license, and no other licenses are granted expressly, impliedly or
by estoppel, nor asre any other licensing commitments made, by
implication, estoppel or otherwise.
The Members and Implementers individually agree not to release the
results of any evaluation of the Software to any third party without
the prior written approval of the Software Copyright Holder except
for results provided to the ITU Study Group for the purpose of
evaluation of the Software.
International
Telecommunication
Union
Software Copyright Statement and
Licensing Declaration (cont’d)
Mandatory License Agreement (from Annex B) (cont’d):
The Members’ and Implementers' individual use of this Software
indicates its acceptance of this License Agreement.”
Geneva, 1 July 2008
International
Telecommunication
Union
Annex C Copyright Notices and
License Agreements
Annex C contains the text of the Copyright Notices/License Agreements for each
of the options mentioned in the Software Copyright Statement and Licensing
Declaration by which the Software Copyright Holder is bound as follows:
Option 1.1: Copyright Notice and Copyright Waiver:
“[insert name/address/contact details] (hereinafter the "Software Copyright
Holder") makes the accompanying software (hereinafter the “Software”)
available free from copyright restriction.
The Software Copyright Holder represents and warrants that to the best of its
knowledge has the necessary copyright rights to license, or waive ownership
rights in, the Software.
No patent licence is granted, nor is a patent licensing commitment made, by
implication, estoppel or otherwise.
Disclaimer: Other than as expressly provided herein, (1) the Software is
provided “AS IS” WITH NO WARRANTIES, EXPRESS OR IMPLIED, INCLUDING
BUT NOT LIMITED TO, THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR
A PARTICULAR PURPOSE AND NON-INFRINGEMENT OF INTELLECTUAL
PROPERTY RIGHTS and (2) neither the Software Copyright Holder (or its
affiliates) nor the ITU shall be held liable in any event for any damages
whatsoever (including, without limitation, damages for loss of profits, business
interruption, loss of information, or any other pecuniary loss) arising out of or
related to the use of or inability to use the Software.”
International
Telecommunication
Union
Annex C Copyright Notices and License
Agreements (cont’d)
Annex C contains the text of the Copyright Notices/License Agreements for each of
the options mentioned in the Software Copyright Statement and Licensing
Declaration by which the Software Copyright Holder is bound as follows:
Option 1.2: License Agreement: [No longer applicable]
Option 1.3: Copyright Notice and Software License Agreement
“[insert name/address/contact details] (hereinafter the "Software Copyright Holder")
holds or has the right to license copyright with respect to the accompanying software
(hereinafter the "Software"). The Software Copyright Holder hereby grants to you an
irrevocable, non-exclusive, worldwide, royalty-free, sub-licensable copyright licence to
prepare derivative works of (including translations, adaptations, alterations), the Software
and reproduce, display, distribute and execute the Software and derivative works thereof,
for the limited purposes of: (i) including the Software in a conforming implementation of
this ITU Recommendation, (ii) evaluating the Software and any derivative works thereof
for inclusion in your implementation of this ITU Recommendation, and (iii) determining
whether your implementation conforms to this ITU Recommendation.
Your use of this Software indicates your acceptance of these terms and conditions.
The Software Copyright Holder represents and warrants that to the best of its knowledge,
it has the necessary copyright rights to license the Software under these terms and
conditions.
No patent licence is granted, nor is a patent licensing commitment made, by implication,
estoppel or otherwise.
Geneva, 1 July 2008
International
Telecommunication
Union
Annex C Copyright Notices and
License Agreements (cont’d)
Annex C contains the text of the Copyright Notices/License
Agreements for each of the options mentioned in the Software
Copyright Statement and Licensing Declaration by which the
Software Copyright Holder is bound as follows:
Option 1.3 (cont’d)
Disclaimer: Other than as expressly provided herein, (1) the
Software is provided “AS IS” WITH NO WARRANTIES, EXPRESS
OR IMPLIED, INCLUDING BUT NOT LIMITED TO, THE
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A
PARTICULAR PURPOSE AND NON-INFRINGEMENT OF
INTELLECTUAL PROPERTY RIGHTS and (2) neither the Software
Copyright Holder (or its affiliates) nor the ITU shall be held liable
in any event for any damages whatsoever (including, without
limitation, damages for loss of profits, business interruption, loss
of information, or any other pecuniary loss) arising out of or
related to the use of or inability to use the Software.”
International
Telecommunication
Union
Annex C Copyright Notices and
License Agreements (cont’d)
Annex C contains the text of the Copyright Notices/License Agreements for
each of the options mentioned in the Software Copyright Statement and
Licensing Declaration by which the Software Copyright Holder is bound as
follows:
Option 1.4: Copyright Notice, Copyright Licence and RAND Copyright Licensing
Commitment
“[insert name/address/contact details] (hereinafter the "Software Copyright
Holder") holds or has the right to license copyright with respect to the
accompanying software (hereinafter the "Software").
Copyright License for Evaluation and Testing
The Software Copyright Holder hereby grants, to any implementer of this ITU
Recommendation, an irrevocable, non-exclusive, worldwide, royalty-free, sublicensable copyright licence to prepare derivative works of (including translations,
adaptations, alterations), the Software and reproduce, display, distribute and
execute the Software and derivative works thereof, for the following limited
purposes: (i) to evaluate the Software and any derivative works thereof for
inclusion in its implementation of this ITU Recommendation, and (ii) to determine
whether its implementation conforms with this ITU Recommendation.
International
Telecommunication
Union
Annex C Copyright Notices and
License Agreements (cont’d)
Annex C contains the text of the Copyright Notices/License
Agreements for each of the options mentioned in the Software
Copyright Statement and Licensing Declaration by which the
Software Copyright Holder is bound as follows:
Options 1.4 and 2 (cont’d)
RAND Copyright Licensing Commitment
IN THE EVENT YOU WISH TO INCLUDE THE SOFTWARE IN A
CONFORMING IMPLEMENTATION OF THIS ITU RECOMMENDATION,
PLEASE BE FURTHER ADVISED THAT:
The Software Copyright Holder hereby agrees it will grant a
copyright licence on reasonable and non-discriminatory terms and
conditions (for compensation or free of charge at the discretion of the
Copyright Software Holder) for the purpose of including the Software
in a conforming implementation of the ITU Recommendation.
Negotiations with regard to the license are left to the parties
concerned and are performed outside of ITU.
International
Telecommunication
Union
Annex C Copyright Notices and
License Agreements (cont’d)
Annex C contains the text of the Copyright Notices/License
Agreements for each of the options mentioned in the Software
Copyright Statement and Licensing Declaration by which the
Software Copyright Holder is bound as follows:
Options 1.4 and 2 (cont’d)
The Software Copyright Holder represents and warrants that to the best of
its knowledge, it has the necessary copyright rights to license the Software
under these terms and conditions.
No patent licence is granted , nor is a patent licensing commitment made,
by implication, estoppel or otherwise.
Disclaimer: Other than as expressly provided herein, (1) THE SOFTWARE
IS PROVIDED “AS IS” WITH NO WARRANTIES, EXPRESS OR IMPLIED,
INCLUDING BUT NOT LIMITED TO, THE WARRANTIES OF
MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF INTELLECTUAL PROPERTY RIGHTS and (2) neither the
Software Copyright Holder (or its affiliates) nor the ITU shall be held liable
in any event for any damages whatsoever (including, without limitation,
damages for loss of profits, business interruption, loss of information, or
any other pecuniary loss) arising out of or related to the use of or inability
to use the Software.”
International
Telecommunication
Union