Widgets Updates Patent Advisory Group Charter

This charter is written in accordance with the W3C Patent Policy (PP).

Table of Contents

• 1 Goals
• 2 Scope
• 3 Deliverable
• 4 Duration
• 5 Confidentiality
• 6 Participation, meetings, and logistics
  • 6.1 Participation
  • 6.2 Communications
  • 6.3 Group home page
  • 6.4 Meetings
• 7 About this charter

1 Goals

The Widgets Updates Patent Advisory Group is a Patent Advisory Group (PAG) as defined by the W3C Patent Policy (PP).

The mission of this Patent Advisory Group is to study issues and propose solutions related to a patent disclosure from Apple, Inc., concerning the Widgets 1.0: Updates Working Draft.

This PAG is triggered by Section 7.1 (PAG Formation) of the Patent Policy, which states that a PAG is triggered in the event “a patent has been disclosed that may be essential, but is not available under W3C Royalty-Free licensing requirements”. The specific patent is 5,764,992 (U.S.), held by Apple, Inc. Apple Inc. has excluded all claims of patent 5,764,992 (U.S.)

2 Scope

The Widgets Updates PAG has the scope to:

• study the patent in question and discuss its impact on Widgets 1.0: Updates
• seek prior art that may apply to the use of updates in Widgets
• discuss ways to design around the claims excluded by Apple Inc.
• explore ways to come to an agreement with Apple to continue work on Widgets 1.0 Updates as a Royalty-Free specification
• write a PAG report with recommendations for the W3C Director
• if necessary, request an analysis by a W3C patent counsel of the claim. This analysis will only be made if there are sufficient funds for that purpose be made available via the Web Legal Support Fund. Legal analysis could only begin after sufficient commitment of additional funds to support the work.

3 Deliverable

The PAG ends with a PAG report to the W3C Director containing a recommendation. The recommendations have to be chosen among the options in section 7.5 of the Patent Policy:

1. The initial concern has been resolved, enabling the Working Group to continue.
2. The Working Group should be instructed to consider designing around the identified claims.
3. The Team should seek further information and evaluation, including and not limited to evaluation of the patents in question or the terms under which W3C RF licensing requirements may be met.
4. The Working Group should be terminated.
5. The Recommendation (if it has already been issued) should be rescinded.
6. Alternative licensing terms should be considered. The procedure in section 7.5.3 must be followed.

4 Duration

The Widgets Updates PAG is chartered through 30 June 2009. The PAG can be extended by the Director. The PAG was extended by the Director until 30 September 2009.

5 Confidentiality

All communications of the Widgets Updates PAG, the mailing list archives and the minutes of telephone conferences are W3C Member confidential.

This charter, the PAG report to the Director as well as an eventual document on prior art will be public. At regular intervals, the PAG should also provide status updates to the public.

6 Participation, meetings, and logistics

6.1 Participation

In accordance with section 7.3 of the W3C Patent Policy, this PAG is composed of:

Advisory Committee Representatives of each Member participating in the Web Applications Working Group

A full list of Members participating in the Web Applications Working Group is available.

W3C Team contacts for the Web Applications Working Group

Michael(tm) Smith and Doug Schepers

W3C Interaction Domain Leader

Philippe Le Hégaret

W3C counsel and PAG Chair

Rigo Wenning

Chairs for the Web Applications Working Group

Art Barstow and Charles McCathieNevile

Others suggested by the Working Group Chairs and/or the Team with the approval of the Director

Advisory Committee Representatives of Members participating in the Web Applications Working Group must register for the PAG or will be put on the PAG by the Team. An Advisory Committee Representative who is unable to participate should designate an alternate. Each Advisory Committee Representative may also designate a second individual (usually legal counsel) to participate in the PAG.

Widgets Updates PAG participation (attending meetings, following the mailing list) is expected to require half a day per week per participant.

6.2 Communications

The Widgets Updates PAG conducts its discussion on a member readable mailing list, member-widgets-pag.

6.3 Group home page

The Widgets Updates PAG has a member accessible home page.

6.4 Meetings

The Widgets Updates PAG conducts its work through mailing-list discussions and teleconferences. The PAG can decide to have one face-to-face meeting.

Participation in teleconferences or face-to-face meetings is limited to the participants of the PAG as described by the Patent Policy. The chair may invite individuals to specific meeting at his discretion.

7 About this charter

This PAG charter has been drafted according to the Procedures for Launching and Operating a Patent Advisory Group (PAG).