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Home > Licensing > Change management framework

Historical material

Please note: This section of the website details activities prior to TVET Australia Limited assuming management of the AEShareNet licensing system.

This document is an archived material written during the development of the AEShareNet system and website. It is retained on the site solely for those interested in tracking the history of the initiative.

Change management framework

In a conventional licensing environment, two particular parties execute a formal agreement on each occasion to establish a licence, which commences at a particular time and is delimited by a set of stated terms and conditions.

AEShareNet is a larger, multi-party framework in which a number of parties will govern certain dealings conducted over a period of time. The framework is established when AEShareNet Limited is incorporated, and at the same time the Charter is deemed to be adopted along with an initial set of Licence Protocols. The framework is terminated upon winding up of the Company. In between these two times, the framework accommodates regular transactions and changes - which are of several different kinds, e.g.:

(a) Licensing Transactions (in probable order, except for the last which might occur at a number of points):

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(b) Changes related to Membership:

Changes to the Framework (ordered with most frequent first, least likely last):

(d) Termination of the Charter:

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Issues arising

The events enumerated above may occur in various permutations. Accordingly the AEShareNet system requires some clear rules to deal with timing and transitional issues that may arise. In particular, this document discusses what bearing changes in the Framework and Membership have upon:

Pre-conditions for, and sequelae of, the important transaction types are dealt with in turn below.

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Analysis

Classification of Material. Preconditions are:

Under the mediated regimes, the AEShareNet system will test the above conditions at the time the Material is Classified, i.e. registered in the Materials Database.

In addition, it is the responsibility of the Licensor (if they are not the copyright owner) to ensure that they are, and remain, entitled to grant any Licences of the kind Extended. If that ceases to be the case they must revoke the Classification (see below).

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Eliciting a formal offer

This is relevant to the mediated regimes only.

Preconditions are:

The AEShareNet system will enforce the above conditions at the time it generates the formal offer as agent of the Licensor.

Creation of a Licence. One function of a Licence Protocol is to define the mechanism by which, and the time at which, a Licence arises, and the period for which it continues. Under the mediated Licence Regimes, licence creation involves a formal acceptance transaction logged by the system. Under AEShareNet-U a licence may be deemed to be transacted by the Licensee's first use of the Material in reliance upon the Licence, ie by exercising the Licence.

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For the mediated regimes, the Preconditions for licence creation are:

The AEShareNet system will enforce the above conditions at the time it records the licence acceptance.

For AEShareNet-U, the Preconditions for licence creation are:

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As there is no acceptance transaction for AEShareNet-U licences, it will be a matter of evidence as to when the Licence arises, and whether the Preconditions were met at that point. However, if the Licensee chooses to navigate to the Website, the AEShareNet system will verify that the Charter remains in force, associate and display the current AEShareNet-U Licence Protocol and confirm that it is current, and confirm that the Licensor is a current Member.

Continuance of a Licence: For all regimes, once the Preconditions are met and a Licence created, it is unaffected by any subsequent changes to those conditions. Thus the Charter provides (in various provisions) that a Licence continues for its normal duration as a Licence binding the Licensor and Licensee, and is not affected by any of the following changes:

NB: Some sequelae of licence creation are provided under the Charter and may affect the Company, not just the Licensor and Licensee. Clause 3.4 of the Charter makes clear that where a Member ceases to be a Member they continue to be subject to the provisions of the Charter in respect of matters arising out of the Licence, including the dispute resolution processes and the collection of royalties through the Company.

Termination of a Licence: This may occur by agreement of the parties or as provided under the Licence terms, regardless of any changes to the AEShareNet Framework or Membership.

Normal expiration of a Licence: This occurs at the end of the Licence Duration stated in the Licence terms, regardless of any changes to the AEShareNet Framework or Membership.

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Revoking a Classification:

Under Mediated Licensing, the Licensor has the ability to visit the Website and alter or remove the Material Registration at any time. This is effective to "head off" any later attempt by a prospective Licensee to elicit a formal licence offer, but it would not affect any licence-under-negotiation, let alone a Licence that has been transacted.

Under AEShareNet-U, there is no way of revoking the Classification. The Licensor may attempt to control the proliferation of copies bearing the AEShareNet-U Marking.

Related links:

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