Discussion Committee B
Minutes for the phone meeting of 23 May 2006

1. Roll call.

2. Minutes from the meeting 27 Apr 2006.

No further changes were suggested.

3. Request comment on draft minutes from the meeting 9 May 2006.

More time wll be given for review of these draft minutes.

4. Further discussion of patent issues.

Section 11, second paragraph.
Desired to be addressed: exclusive dealing arrangement conducted under the power of a patent license. The effect of a blocking patent could be a monopoly or oligopoly.
It is not the taking of the license; it is how you go about your business after taking that license.
How to deal with the 'monopoly' - knowingly relying on a license not generally available - perhaps change source availability - give to anybody who requests it. Triggered on knowledge.

Reviewed the language changes that had been collected through discussions with various participants and posted last night.

Section 6 provision for distribution of the Corresponding Source will be addressed in in a way that does not need a reference to patents.

Section 11 language changes have been developed that are independent of the distribution v. contribution issue and that make it more clear that the grant does not extent to newly implicated patent claims.

Some discussion of adding combination language.

5. Plan for next meeting.

Continue discussion of second paragraph of section 11.

License compatibility (section 7).

Further discussion of DRM [subsequently the DRM discussion request was withdrawn - to be revisited after second draft language becomes available]