Specification Development & IPR Policy
Equipment manufacturers and other vendors have been important contributors to CableLabs specifications over the years. CableLabs and its member companies encourage interested vendors to participate in specification development for each project.
The first step to participate in a particular project's specification development process is to sign a non-disclosure agreement (NDA)—also called an Access Agreement—that gives the signing company access to non-public information about that project, including:
- draft versions of specifications;
- information about proposed changes to the specifications; and
- announcements about opportunities to participate in CableLabs-sponsored events, such as CableLabs conferences and CableNET®.
Companies who have signed an Access Agreement also are given the opportunity to:
License & Contribution Agreements
Companies who desire a more active role in specification development, such as participating on a drafting team for a particular specification, must sign that project's intellectual property rights (IPR) contribution and license agreement. DOCSIS, CableHome, and PacketCable license agreements create a royalty-free IPR pool for essential IPR in that project's specifications. The OpenCable Contribution Agreement provides that a company's contribution to any OpenCable specification will be made available on reasonable and non-discriminatory terms unless the IPR is specifically withheld.
Each pool includes only intellectual property that is essential to that specification, and does not include technology or intellectual property for how each company might choose to implement the specification. The pools also do not encompass normative references to standards (e.g., MPEG, GR 303) that may be required to fully implement a particular specification. In addition, members of the pools are not required to itemize their essential IPR contained in the specification.
Note that the license agreements do not contain any warranty (either from CableLabs or other members of the pool) that the rights and licenses in the pool comprise all the rights and licenses necessary or desirable to practice, develop, make and sell products compliant with the respective specifications. As such, it is incumbent on each implementer to make appropriate licensing arrangements for any required IPR related to the specification and the standards it references. If you have specific questions about the IPR that may be in the pool, CableLabs suggests that you contact those companies that have already signed the agreement (this information is posted on this website) for more information.
By entering the pool, a company both contributes to the pool a non-exclusive license for any of its intellectual property that is essential to the respective specification, and receives a license from the pool for all of the intellectual property contributed by other signatories. Any company desiring to make equipment compliant with one of the specifications may join the pool, and thus have access to the intellectual property in the pool, in return for contributing to the pool the intellectual property it has (if any) essential to that specification.
To enter the pool, a company must (after downloading and reading the License Agreement) notify CableLabs of its request for a sublicense from the pool, and submit TWO (2) signed originals of the License Agreement.
Revisions to Specifications
CableLabs and its members are committed to maintaining the royalty-free (or reasonable and non-discriminatory in the case of OpenCable) nature of the specifications even as the specifications evolve through the ECR/ECN/ECO process and the specification revision process.
Through a notice process specific to each license agreement, CableLabs will inform the companies who have signed the license agreement before proposed changes to the specification become effective. A company may then, under certain circumstances, withdraw IPR specific to that change to the specification.
When CableLabs and its members have decided that a revision to a specification is advisable, the project charged with responsibility for that specification will convene a working group to draft the revision. In addition to CableLabs staff members and member companies' representatives, companies that have signed the license agreement for that specification may participate in a working group, if the company has committed that its contributions to such revised specification will be made on a royalty-free basis for DOCSIS, CableHome, and PacketCable, and non-discriminatory terms for OpenCable. Most typically, this commitment is made by a waiver of the company's right to withdraw IPR specific to that change.
Vendors who have not signed the license agreement may not participate in the working group, but will be allowed to review and comment on the draft specification before it is issued.
The Process for Engineering Changes
The process for engineering changes (ECR/ECO/ECN) is described in each project's DocZone (CableLabs' content management system) area. You will obtain a DocZone login and a password that will allow access to the particular project's DocZone area when you complete the NDA agreement.
In submitting the Engineering Change Request, the author, individually and as an authorized representative of the company submitting the request, agrees that if CableLabs incorporates such ECR in whole or in part into the relevant specification, all intellectual property in the ECR shall be licensed royalty free, and without confidentiality, under the terms of the license agreement for that specification.
- review and comment on draft specifications; and
- attend regularly scheduled conferences regarding specification development.
License & Contribution AgreementsCompanies who desire a more active role in specification development, such as participating on a drafting team for a particular specification, must sign that project's intellectual property rights (IPR) contribution and license agreement. DOCSIS, CableHome, and PacketCable license agreements create a royalty-free IPR pool for essential IPR in that project's specifications. The OpenCable Contribution Agreement provides that a company's contribution to any OpenCable specification will be made available on reasonable and non-discriminatory terms unless the IPR is specifically withheld.
Each pool includes only intellectual property that is essential to that specification, and does not include technology or intellectual property for how each company might choose to implement the specification. The pools also do not encompass normative references to standards (e.g., MPEG, GR 303) that may be required to fully implement a particular specification. In addition, members of the pools are not required to itemize their essential IPR contained in the specification.
Note that the license agreements do not contain any warranty (either from CableLabs or other members of the pool) that the rights and licenses in the pool comprise all the rights and licenses necessary or desirable to practice, develop, make and sell products compliant with the respective specifications. As such, it is incumbent on each implementer to make appropriate licensing arrangements for any required IPR related to the specification and the standards it references. If you have specific questions about the IPR that may be in the pool, CableLabs suggests that you contact those companies that have already signed the agreement (this information is posted on this website) for more information.
By entering the pool, a company both contributes to the pool a non-exclusive license for any of its intellectual property that is essential to the respective specification, and receives a license from the pool for all of the intellectual property contributed by other signatories. Any company desiring to make equipment compliant with one of the specifications may join the pool, and thus have access to the intellectual property in the pool, in return for contributing to the pool the intellectual property it has (if any) essential to that specification.
To enter the pool, a company must (after downloading and reading the License Agreement) notify CableLabs of its request for a sublicense from the pool, and submit TWO (2) signed originals of the License Agreement.
Revisions to SpecificationsCableLabs and its members are committed to maintaining the royalty-free (or reasonable and non-discriminatory in the case of OpenCable) nature of the specifications even as the specifications evolve through the ECR/ECN/ECO process and the specification revision process.
Through a notice process specific to each license agreement, CableLabs will inform the companies who have signed the license agreement before proposed changes to the specification become effective. A company may then, under certain circumstances, withdraw IPR specific to that change to the specification.
When CableLabs and its members have decided that a revision to a specification is advisable, the project charged with responsibility for that specification will convene a working group to draft the revision. In addition to CableLabs staff members and member companies' representatives, companies that have signed the license agreement for that specification may participate in a working group, if the company has committed that its contributions to such revised specification will be made on a royalty-free basis for DOCSIS, CableHome, and PacketCable, and non-discriminatory terms for OpenCable. Most typically, this commitment is made by a waiver of the company's right to withdraw IPR specific to that change.
Vendors who have not signed the license agreement may not participate in the working group, but will be allowed to review and comment on the draft specification before it is issued.
The Process for Engineering ChangesThe process for engineering changes (ECR/ECO/ECN) is described in each project's DocZone (CableLabs' content management system) area. You will obtain a DocZone login and a password that will allow access to the particular project's DocZone area when you complete the NDA agreement.
In submitting the Engineering Change Request, the author, individually and as an authorized representative of the company submitting the request, agrees that if CableLabs incorporates such ECR in whole or in part into the relevant specification, all intellectual property in the ECR shall be licensed royalty free, and without confidentiality, under the terms of the license agreement for that specification.