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Report 0003 Actions

    Problem Report Number 0003
    Submitter's Classification Certification System problem
    State Resolved
    Resolution Rejected (REJ)
    Problem Resolution ID REJ.ITACP.0001
    Raised 2006-02-01 15:55
    Updated 2006-02-09 23:29
    Published 2006-02-09 23:29
    Requirements Open CA Accreditation Requirements Version 1.2
    Certification Program Open CA Certification Program
    Problem Summary Legal IPR Issue re submission for method for approval
    Problem Text As I am sure you aware there are IPR issues with company specific
    methods such as the one I wish to have recognised. This impacts what I
    release in the certification pack and I may need to get internal approval for
    what I release in the pack. Am I correct in assuming that the statement
    below from the certification Agreement also applies to what I submit for
    method certification and not just to individual certification submissions?

    The Certification Authority shall, except where a provision of this
    Agreement provides otherwise, maintain in confidence all information the
    Candidate discloses to the Certification Authority in relation to this
    certification. No license, express or implied, under any copyright is
    granted by the Candidate to the Certification Authority by virtue of such
    disclosure and the Certification Authority shall not use any such
    information except for the purposes of this Agreement. The Certification
    Authority's obligations under this sub-clause shall be limited to taking such
    steps as it ordinarily takes to preserve the most important of its own
    confidential information. The obligations of non-disclosure and non-use
    set out in this Agreement shall not apply to any item of information which:
    Is in the public domain at any time (but without prejudice to any Person's
    rights of action against another Person who wrongfully causes or permits
    such information to be in the public domain),
    Was rightfully in the Certification Authority's possession without obligation
    of confidence prior to its disclosure pursuant to this Agreement, or is
    subsequently independently developed by the Certification Authority's
    employees having no access to the information disclosed hereunder,
    Is subsequently rightfully obtained without obligation of confidence by the
    Certification Authority from a source other than the Candidate as
    evidenced by written records,
    Is required to be disclosed by order of any court of competent jurisdiction,
    PROVIDED that no right or interest under any license, patent, or otherwise
    shall be acquired by the recipient of any information by virtue of the
    application of this clause.
    The Certification Authority may disclose the Candidate's confidential
    information to those of its employees who reasonably require to have
    access to such information and to members of a Certification Board.

    Review Information

    Review Type CA Review
    Start Date 2006-02-01 15:55
    Last Updated 2006-02-08 00:31
    Completed 2006-02-08 00:31
    Status Complete
    Review Resolution Rejected (REJ)
    Review Conclusion This PR is incorrectly filed against the accreditation requirements
    document, when in fact it relates to an individual wishing recognition of a
    method in connection with direct certification. The PR is thus rejected.
    With respect to the issue raised the certification agreement makes it clear
    that all information submitted in support of and application is held
    confidential by the CA and this by default include information on methods.
    Thus no change to the program documentation is needed.

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