Crossref

Patent Non-Assertion Pledge

Background

Crossref has adopted the Principles of Open Scholarly Infrastructure (“POSI”).  One of the POSI principles is Patent Non-Assertion: An organization should commit to a patent non-assertion covenant.  The organization may obtain patents to protect its own operations, but not use them to prevent the community from replicating the infrastructure.

Crossref does not currently hold any patents, and has no plans to apply for any patents.  Nonetheless, Crossref has adopted the following Patent Non-Assertion Pledge to provide for patent non-assertion should Crossref ever acquire any patents germane to open scholarly infrastructure.

Patent Non-Assertion Pledge

Crossref promises the following (the “Pledge”) to each person or entity that develops, distributes or uses software (a “Pledge Recipient”): Crossref will not bring a lawsuit or other legal proceeding against a Pledge Recipient for patent infringement under any Pledged Patents.  “Pledged Patents” means the patent(s) listed by Crossref at the following URL: https://www.crossref.org/operations-and-sustainability/patent-policy. Crossref may amend this list of patents from time to time in its discretion.

It is Crossref’s intent that the Pledge be legally binding, irrevocable (except as otherwise provided under “Defensive Termination” below) and enforceable against Crossref and its successors and assigns.

The Pledge is not an assurance that (i) any of the Pledged Patents cover any particular software or hardware, (ii) any of the Pledged Patents are valid or enforceable, or (iii) that any activities covered by the Pledge will not infringe patents or other intellectual property rights of a third party. Except as expressly stated in the Pledge, no other rights are waived or granted by Crossref or received by a Pledge Recipient, whether by implication, estoppel, or otherwise.

Defensive Termination 

The Pledge is conditioned upon the Pledge Recipient (and its affiliates) not asserting or profiting from the assertion of patents against Crossref or its products or services.  Accordingly, Crossref reserves the right to terminate the Pledge, to the extent Crossref deems necessary to protect itself or its products and services (“Defensive Termination”) with respect to any Pledge Recipient (or affiliate) who files a lawsuit or other legal proceeding for patent infringement or who has a direct financial interest in such lawsuit or other legal proceeding (an “Asserting Party”) against Crossref, or against any third party, in either case based in whole or in part on any product or service developed by or on behalf of Crossref.

Any Defensive Termination by Crossref with respect to an Asserting Party shall have the same effect as if the Pledge was never extended to such Asserting Party in the first place.  Crossref, in its sole discretion, shall determine the manner and terms, if any, by which rights under Pledged Patents may be extended or re-extended to an Asserting Party after that Asserting Party’s lawsuit or other legal proceeding is permanently dismissed, terminated or withdrawn in writing.

Mistaken Assertion

Should Crossref ever initiate a lawsuit or other legal proceeding for patent infringement based on software which is not the subject of a Defensive Termination, and then receive written notice from the party against whom such lawsuit or other legal proceeding has been filed providing sufficient information for Crossref to reasonably determine that such software in fact satisfies the requirements of the Pledge, then Crossref will use reasonable efforts to withdraw or terminate such legal proceeding (or the applicable portions thereof) within sixty (60) days after receiving such written notice.

This work has been adapted from Google’s Open Patent Non-Assertion Pledge and is available under a Creative Commons Attribution 3.0 Unported License.