Hi Peter,
This is a question I have to leave to the OGC people. I know that our legal
staff had to modify the agreements before we could sign them, so these
things have to be negotiated with the OGC. All I can add is that your
participation in the interoperability experiment is very important to the
level of success.
By the way, I am at the Vancouver GML and Web Services conference where they
do not have internet access in the meeting room so my input will be
sporadic.
Good luck.
-- Ben
On 7/19/05, Peter Baumann <p.baumann@xxxxxxxxxxxx> wrote:
Dear Ben,
(I address this to all, maybe someone else also experiences that issue)
going through the legal text (WHOEVER HAS HAD THE IDEA TO WRITE THIS WHOLE
DOCUMENT IN ALL-CAPITAL??) I see a problem with this one:
1.*Compliance With Laws.* The parties agree that they shall comply
with all applicable laws and regulations of governmental bodies or agencies
in their performance under this Agreement. Without limiting the generality
of the foregoing, neither party will knowingly export or re-export, directly
or indirectly, any technical data (as defined by the U.S. Export
Administration Regulations) produced or provided under this Agreement, or
export or re-export, directly or indirectly, any direct product of such
technical data, including software, to a destination to which such export or
re-export is restricted or prohibited by U.S. or non-U.S. law,
without obtaining prior authorization from U.S. Department of
Commerce and other competent government authorities to the extent required
by those laws.
(i) I don't see that us, being under German/European legislation, should
be subject to US-specific restrictions - which actually I don't even know. I
see the problem coming up that our legal department will frown.
(ii) there is no scope in time attached to this regulation - how long
should it be effective?
Do you have any idea how we can overcome this?
Best,
Peter