3rd meeting

OPIMA

Charter
Santa Clara, CA

Open Platform Initiative for Multimedia Access

Rev 0.1
98/09/09-11   opima896.doc

 

OPIMA Charter

 


ARTICLE 1 Name

The Open Platform Initiative for Multimedia Access (OPIMA) is an industry consortium operating under the Industry Technical Agreement (ITA) of the International Electrotechnical Commissions (IEC).

 

ARTICLE 2 Purpose

The purpose of OPIMA is the development of specifications that will make technically possible a system where the consumer is able to obtain a receiver and begin to consume and pay for services, without having prior knowledge of which services would be consumed, in a simple way such as by operating a remote control device.

 

ARTICLE 3 Membership

1. Application conditions

Any corporation and individual firm, partnership, governmental body or international organisation supporting the purpose of OPIMA may apply for Membership or for Observer status.

OPIMA does not restrict Membership on the basis of race, colour, sex, religion or national origin.

The Members agree to respect all legal provisions and these Statutes concerning OPIMA. Each applicant has to declare himself individually and collectively committed to open competition in the development of systems, services and applications utilising security components. The Members are not restricted in any way from designing, developing, marketing and/or procuring systems, services and applications utilising security components. Members are not bound to implement OPIMA specifications or use systems, services and applications implementing them by virtue of participation in OPIMA.

2. Voting right

Members have the right to vote in the cases when voting is required. Observers have no right to vote.

3. Admission procedure

A written application must be submitted by prospective Members and Observers to the IEC. Such application must contain a signed agreement to be bound by this Charter.

4. Resignation

Resignations have to be notified in writing to the IEC.

 

ARTICLE 4 Property rights

1. Intellectual property rights of the Members

All patents, copyrights or other intellectual property owned or created by any Member shall remain the property of that Member. Such ownership shall not be affected in any way by the Member's participation in OPIMA, unless the Member specifically agrees to otherwise.

All material presented to OPIMA or its Committees shall be deemed of non confidential nature and hence for public distribution.

2. Intellectual property rights of OPIMA

Through its activities, OPIMA may generate protectable intellectual property rights. OPIMA will license its intellectual property rights including copyrighted materials and patents to anyone free of charge.

3. OPIMA's publications

OPIMA will publish the various drafts of its specifications on the OPIMA web page (currently at http://drogo.cselt.it/ufv/leonardo/opima/index.htm). Comments will be sought on each draft from members and non members.

An eventually approved OPIMA specifications will be reviewed by the IEC before final publication. Publication will take place on the OPIMA web site and made freely available to interested parties. The front page will state that the specifications are not a standard and may not necessarily lead to one.

OPIMA may publish documents to promote its objects and purposes in addition to specifications. Members' employees may be cited as co-authors when appropriate.

The use of any Member's name, trademarks or trade names by OPIMA or a Member describing OPIMA's work is prohibited without prior written consent of the concerned Member, even after Member's resignation.

 

4. Intellectual property necessary to implement OPIMA specifications

It is possible that implementation of the OPIMA specifications will require the use of IPR. Members agree to follow the IEC/ISO/ITU policy on the IPR owned by them that is necessary to implement the OPIMA specifications.

IPR statements conforming to IEC/ISO/ITU policy will be collected by the Chairman and maintained by the IEC. The IEC will verify IPR statements for conformance.

The OPIMA specifications will be reviewed by the IEC before final publication. This will take place on the OPIMA web site and made freely available to interested parties. The front page will state that the specifications are not a standard and may not necessarily lead to one.

The copyright of the OPIMA specifications will be retained by the OPIMA consortium. Any piece of IPR necessary to implement the OPIMA specifications owned by a company or organisation before the OPIMA specification will remain the sole property of that company or organisation.

 

ARTICLE 5 Meetings

1. Organisation

All Members may attend OPIMA meetings with the right to vote. Observers may attend OPIMA meetings without the right to vote. Others may attend upon invitation by the Chairman without the right to vote.

Meetings are convened by the Chairman on the date and time and at the place stated in the notice of the meeting. As a rule meetings will be held every two months.

The Chairman shall call a Meeting within thirty (30) days of the receipt of a written request setting forth the proposed agenda signed by at least twenty percent (20 %) of the Members.

2. Notice

Written notice of the time and place and purpose of holding any Meeting shall be given by electronic mail to each Member and Observer of OPIMA who on the record at the date of notice is permitted to attend such meeting at least thirty (30) days, but no more than ninety (90) days prior to the scheduled date for the meeting. The written notice of a meeting will include the proposed agenda. All notices shall be given by electronic mail and posted on the OPIMA web site.

3. Quorum

Thirty percent (30%) or more of the Members, excluding proxies, shall be necessary for the initial establishment of the quorum for the transaction of business. For subsequent establishments of the quorum proxies shall be counted.

If such quorum is not met at any meeting, a majority of the Members present in person or by proxy shall have power to adjourn the meeting from time to time. The Chairman shall re-issue a meeting notice. This meeting will not be constrained by the provision of this article.

4. Decisions

The OPIMA specifications will be developed through collaborative efforts. As a rule technical decisions will be made by consensus. In case it is recognised that progress is hampered by sustained lack of consensus, voting may take place. Only members are entitled to cast a vote. A fifty percent plus one (50% plus one) or more vote of the Members present or represented by proxies is required to pass a resolution.

An OPIMA specification shall be adopted by taking a formal vote after it has undergone various revisions each posted on the web site for comments by members and non members. The specification will be approved by passing an appropriate resolution.

5. Proxies

At all meetings of OPIMA any Member shall be entitled to vote either in person or by a duly accredited proxy. A proxy shall not be valid for more than the meeting for which it is intended to be used or any adjournment thereof. No Member shall validly hold more than two (2) proxies.

 

ARTICLE 6 Chairman

The Chairman is elected every year by the Members.

The responsibility of the Chairman is to

  1. issue meeting notices with agenda,
  2. chair the meetings
  3. guarantee the timely delivery of the specifications
  4. keep contacts with the IEC.

 

ARTICLE 7 Duration

The duration of the OPIMA initiative is until 30 September 1999. This may be extended by decision of the Meeting.

 

ARTICLE 8 Costs

The cost of the OPIMA ITA to the IEC is estimated to be 10,000 CHF pending submission of a detailed project plan. This cost will be charged to OPIMA Members and Observers in an initial proportion of 500 and 400 CHF, respectively.

 

Signed by

___________________________________________

 

Date

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