The Digital Media Manifesto

 

Source

L. Chiariglione

Title

Proposed revision of DMP Statutes (up to article 4)

No.

031012chiariglione01

 

The purpose of this document is to propose a revision of the DMP Statutes based on the many discussions made on the DMM and DMP reflectors and on the document "Revised version of Draft Purpose, organisation and work plan of DMP".

Text in italic represents text drawn from DMP Statutes.


THE DIGITAL MEDIA PROJECT

Draft STATUTES

 

ARTICLE 1 - Name

The "Digital Media Project" (hereinafter referred as "DMP") is constituted as an association under the terms of Articles 60 et seqq. of the Swiss Code and these Statutes.

 

ARTICLE 2 - Seat

The seat of DMP is in Geneva, Switzerland.

ARTICLE 3 - Purpose

The purpose of the DMP shall be:

To promote continuing successful development, deployment and use of Digital Media that respect the right of creators and business players to exploit their works, the wish of end users to fully enjoy the benefits of Digital Media technologies and the interest of various value-chain players to provide products and services.

Digital Media include mainstream media experiences such as Compact Disc, Digital Versatile Disc, Digital Audio Broadcasting and Digital Television but also newer emerging experiences made possible by Information and Communication Technologies.

The purpose of DMP shall be pursued by developing technical specifications, recommended practices and recommended actions enabling businesses, both new and old, that support new user experiences and recommendations to appropriate entities to act on removal of barriers holding up exploitation of Digital Media.

The goals are realised through the open international collaboration of all interested parties, on reasonable terms applied uniformly and openly. DMP will contribute the results of its activities to appropriate formal standards bodies if applicable.

The business of DMP shall not be conducted for the financial profits of its Members but for their mutual benefits.

Discussions about sales levels, methods, channels of distribution, markets, customers, prices or profitability or any other topic which would restrict use of technologies are prohibited.

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Article 3 is replaced by:

The DMP is a not-for-profit organisation with the mission to promote continuing successful development, deployment and use of Digital Media that respect the rights of creators and rights holders to exploit their works, the wish of end users to fully enjoy the benefits of Digital Media and the interests of various value-chain players to provide products and services, according to the principles laid down in the Digital Media Manifesto.

Digital Media includes new emerging experiences made possible by Information and Communication Technologies along with mainstream media experiences such as Compact Disc, Digital Versatile Disc, Digital Audio Broadcasting and Digital Television.

DMP operates on the basis of open international collaboration of all interested parties: corporations and individual firms, partnerships, governmental bodies or international organisations, supporting the DMP mission and the means to achieve its goals. The terms are reasonable and applied uniformly and openly. DMP seeks the involvement of creators and end users of Digital Media through appropriate mechanisms.

The goals of DMP are realised through the development of Technical Specifications and Recommended Practices enabling businesses that support new or improved user experiences, and Recommended Actions to appropriate entities to act on removal of barriers holding up exploitation of Digital Media. Technical Specifications, Recommended Practices and Recommended Actions  are collectively called "DMP Approved Documents".

DMP contributes the results of its activities to appropriate formal standards bodies and other appropriate entities whenever this is instrumental to achieve the general DMP goals.

The business of DMP shall not be conducted for the financial profits of its Members but for their mutual benefits.

Discussions about sales levels, methods, channels of distribution, markets, customers, prices or profitability or any other topic which would restrict use of Digital Media are prohibited.

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ARTICLE 4 - Membership

1. Application conditions

Any corporation and individual firm, partnership, governmental body or international organisation supporting the purpose of DMP may apply for Membership. DMP may define certain categories of individuals who support DMP’s goals and allow these to apply for Associate Membership.

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

The Members agree to respect all legal provisions and these Statutes concerning DMP. When developing technical specifications, recommended practices and recommended actions the following applies: Each applicant has to declare himself individually and collectively committed to open competition in the development of technologies. The Members are not restricted in any way from designing, developing, marketing and/or procuring the technologies developed.

Members are not bound to implement or use specific technology standards, or recommendations by virtue of participation in DMP.

Membership in DMP in no way obligates or requires a member to license its patents or technologies to others. If a member chooses to license its patents or technologies, membership in DMP in no way imposes, obligates or requires such member to offer such licenses on any particular terms.

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The third paragraph is replaced as follows:

The Members agree to respect all legal provisions and these Statutes concerning DMP. When developing DMP Approved Documents each applicant has to declare himself individually and collectively committed to open competition in the development of DMP Approved Documents. The Members are not restricted in any way from designing, developing, marketing and/or procuring the technologies developed.

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2. Voting right

The Members who have the right to vote are called Principal Members.

The Administrative Council (hereinafter referred to as "Board of Directors") may from time to time propose to the General Assembly the establishment of one or more classes of non-voting Members.

The Members who have not a voting right are called Associated Members.

2.1 Right of the Principal Members

A Principal Member:

2.2 Right of Associated Members

An Associated Member in good standing:

3. Admission procedure

A written application must be submitted to the Membership and Nominating Committee in the form prescribed by the Board of Directors. Such application must contain a signed agreement to be bound by the Statutes.

The Membership and Nominating Committee recommends the approval or rejection of the application to and in accordance with the criteria defined by the Board of Directors. The criteria shall be objective and non-discriminatory and shall be published and shall allow any party with good faith to become a Member.

The final decision as to admission rests with the Board of Directors. The admission procedure is completed when the new Member has paid the subscription fees.

4. Terms and conditions

Membership shall be considered complete and in good standing when the signed DMP Statutes document is accepted by DMP and full dues payment is made. The membership is valid for one fiscal year, and is renewable on payment of the annual membership fee without any new approval.

Initial Member dues for the first year of membership shall be payable upon submission of a signed Statutes document. Payment of annual dues in each subsequent year shall be due and payable on the first day of DMP’s new fiscal year.

5. Suspension, exclusion and expulsion

The Board of Directors can decide to suspend or expel a Member and shall state the cause. In particular, the Board of Directors may so act in the following cases:

The Board of Directors shall not act in a discriminatory manner in suspending, excluding or expelling a Member.

Membership shall automatically cease in case of bankruptcy, withdrawal or cessation of business or of such a change in the nature of business that criteria for Membership would no longer be complied with.

In case of delinquency of any Member relating to its payment of fees obligation, the Board of Directors may suspend such Member by written notice. The suspension shall be effective thirty (30) days after the date of the notification unless the default of payment has been cured during such period.

Any Member shall automatically be excluded and expelled if his fees are not paid within ninety (90) days following the effective date of the suspension notice.

In case of expulsion, the Member forfeits any fees paid during Membership.

The delay for new Membership application is at least one (1) year from the date of expulsion.

The admission of an expelled Member is subject to his payment of all arrears in fees and any other monetary obligations to DMP.

6. Resignation

Resignations require notice in writing to the Board of Directors.

The resignation becomes effective as soon as the resigning Member has fully paid any outstanding amounts still due to the DMP. In case of resignation, the Member forfeits any fees paid during Membership.

7. Property rights

7.1 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 DMP, unless the Member specifically agrees otherwise.

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

7.2 Intellectual property rights of DMP

Through its activities, DMP may generate protectable intellectual property rights.

7.3 DMP's publications

DMP may publish documents to promote its objectives and purposes.

Members' employees may be cited as co-authors when appropriate.

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

7.4 Other property rights

In the event of the dissolution of DMP and liquidation of the association, the assets remaining from the liquidation shall not be distributed among the partners in proportion to their contribution but shall be allocated to a not-for-profit purpose, the partners expressly waiving any payment on the net assets of liquidation.

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No changes are proposed on the text above