Re: Issue with P1647 Working Group

From: Alex Zamfirescu <alex.zamfirescu_at_.....>
Date: Fri Sep 01 2006 - 14:44:25 PDT
Mr. Moretti:

Since I could not find that the Bylaws were violated I stated my final
position (and with Victor "recused", that of the DASC management). I could
not find that any dominance (as defined by the IEEE SA Bylaws) was used in
the e-language group.

With this the matter is closed.

Please address the DASC-SC reflector with any other issues, but please
consider not using this resource to further discuss a matter that is closed
in the DASC.

Also, please address us with more pertinence in the
future.

Thank you,

Alex Zamfirescu
DASC Vice-Chair


On 9/1/06, Gabe Moretti <gmoretti@comcast.net> wrote:
>
>  Alex,
> this is getting boring.  You offer no further support for your individual
> interpretation of a paragraph that is, in my opinion, easily understood and
> not in the way you support.  You have failed to convince me that your
> interpretation makes sense.  Thus any further discussion between the two of
> us on this subject is clearly unproductive.  As I am sure you have noticed I
> have sent email to Yaron asking explanations about his statement earlier
> today about the number of active participants in the P1647 WG and their
> qualifications.  Once he answers that email we will better see what the
> situation really is.
> With respect to the remarks you make at the end of your email regarding
> your role you are not acting as a moderator: you yourself stated that you
> were deciding the issue since Victor would have to recuse himself.  Of
> course no one has heard from Victor since 8/30 in the evening, so we do not
> know if you have the authority to decide or you are acting under an
> "interpretation".
>  Gabe
>
>  ----- Original Message -----
> *From:* Alex Zamfirescu <alex.zamfirescu@gmail.com>
> *To:* Gabe Moretti <gmoretti@comcast.net>
>  *Cc:* stds-dasc-sc@server.eda.org ; stds-dasc@server.eda.org
> *Sent:* Friday, September 01, 2006 2:13 PM
> *Subject:* Re: Issue with P1647 Working Group
>
>
> Gabe:
>
> I do not know how to make it plainer. Here it is again.
> We are faced to comply with a rule which states.
>
> CONDITION may occur if (A), particularly when (B).
>
> Note that this rule is meant to tell us when CONDITION
> occurs.
> There are two possible interpretations:
>
> INTERPRETATION 1.
>
> CONDITION does occur when (A) and (B) are true.
>
> INTERPRETATION 2.
>
> CONDITION may occur when (A), and condition may occur
> when (A) and (B) with higher probability.
>
> which is the same as
>
> MINIMIZED INTERPRETATION 2
>
> CONDITION may occur when (A)
>
> if (B) is true only when (A) is true (which is the case with
> our conditions
> (A) - many from same company
> (B) - not all from that company, active or with active intent.
>
> With grat respect for the Bylaws I chose
> INTERPRETATION 1. I do that by considering the first
> "may occur" in the first part of the phrase as applying only to (A), and
> looking at the second part of the phrase as one which gives
> the definitive answer. Only by looking at the phrase this way
> one can remove the vagueness of the clause and transform it
> into a solid statement.
>
> Otherwise if we chose INTERPRETATION (B) we reach at a
> clause which is vague and non enforceable due to the presence
> of "may occur" in the final.
>
> In conclusion, my interpretation of the rule about group dominance
> was the one which assumed the rule is well written (convening
> when dominance really occurs).
>
> Of course you can stretch "particularly" to mean "definitely"
> (although I would not use a dictionary to back that), and come up
> with "CONDITION may occur when (A), and does occur when (A) and (B) are
> true.
> This is in my opinion not a correct clause because it does not tell
> when exactly CONDITION occurs when only (A) is true as "may occur" is not
> enough to claim something "did occur."
>
> With this I will let you come back and accuse me of anything
> including that I wanted to strengthen a position, even if I
> just wanted to get and interpretation from Karen, the complainer.
>
> My asking her is not interference with free discussion on the
> DASC-SC reflector (not letting non voting members post anything
> would be). As an acting lose moderator of this discussion in the
> absence of Victor, I think I have the right to ask a direct question
> to a complainer and get (or not get) a direct answer, without
> being accused of trying to stop discussion.
>
> Kind regards,
>
> Alex Zamfirescu
>
>
>
>
>
> On 9/1/06, Gabe Moretti <gmoretti@comcast.net > wrote:
> >
> >  Alex,
> > I do not know how to make it plainer.  Here it is again:
> >  You have keyed on the use of the "Particularly" to mean that both (A)
> > and (B) must occur.  In fact this is not what the clause means.  What it
> > means it that dominance may occur if "an unduly high proportion of
> > individual participants are from, employed by, or otherwise represent a
> > single entity (including its affiliates)", and it will definitely occur when
> > the participants do not, or do not expect to, substantively participate in
> > the group.  The "particularly" in question is used to identify a more
> > egregious form of dominance than the original one.
> > So the correct interpretation is that dominance may occur if " an unduly
> > high proportion of individual participants are from, employed by, or
> > otherwise represent a single entity (including its affiliates)",  EVEN IF
> > THEY CONTRIBUTE TO THE WORK, but it DEFINITELY occurs "when the participants
> > do not, or do not expect to, substantively participate in the group".
> >  I am sorry you are sticking by your original interpretation which is
> > wrong.  According to the Merriam-Webster Dictionary The adverb
> > "particularly" can be substituted by the word "specifically" which may be
> > what drove you to your conclusion.  But this use only means that your clause
> > (B) will occur concurrent to clause (A), which of course makes sense. The
> > adverb can also be substituted with "to an unusual degree" which would then
> > mean an unusual egregious behavior.  Again for (B) to occur (A) must occur.
> > But "particularly" does not mean that (A) without (B) cannot occur.   Your
> > interpretation is driven by your need to strengthen your own hand in a
> > situation where the DASC has clearly acted improperly.  So feel free to
> > interpret any way you want: this matter is not going to stop with you.  As
> > far as your email having been meant for Karen, the statement is ridiculous.
> > This is a matter not just for the entire DASC, but for anyone on the
> > reflector and in fact any IEEE member whose professional activity is
> > impacted by what goes on in the area of EDA standardization.  By engaging in
> > individual responses, like you have done in this case you partition the
> > debate and deprive everyone to participate fully in the discussion.  Divide
> > and conquer, eh?
> > Gabe
> >
> >  ----- Original Message -----
> > *From:* Alex Zamfirescu <alex.zamfirescu@gmail.com>
> >  *To:* Gabe Moretti <gmoretti@comcast.net>
> > *Sent:* Thursday, August 31, 2006 8:07 PM
> > *Subject:* Re: Issue with P1647 Working Group
> >
> >
> > Gabe:
> >
> > Mine was not an answer but a question of clarification to understand
> > what should be checked.
> > Let aside any other arguments, I do not buy that the language of the
> > clause implies
> > that if only (A) is true we have group dominance.
> > If that is the case we have a big problem with how this clause is
> > expressed,
> > since it uses clear ending conditions in its logic structure.
> >
> > Until we get clarifications we should not act in any way.
> >
> > Again, my reply was just to clarify what is required to check.
> >
> > On the other hang Gabe, I would gladly stick with the technology.
> > Unfortunately, you make my life difficult, and push me into spending
> > time
> > to answer complaints. I do not think we need to hire lawyers to
> > understand that a phrase like "This CONDITION _may_ occur if (A),
> > particularly when
> > (B)" clearly means "CONDITION occurs when both (A) and (B) are true."
> > I can repeat this three times if necessary.
> > If you mean the intent was another one, or you want me to understand
> > something
> > else from that please just tell me just that (I may buy it or not), but
> > in any case
> > do not point to the clause.
> >
> > Also the question was for Karen, the complainer.
> >
> > Kind regards,
> >
> > Alex Zamfirescu
> >
> >
> >
> >
> > On 8/31/06, Gabe Moretti <gmoretti@comcast.net> wrote:
> > >
> > >  Alex, Alex, Alex,
> > > let legalese be handled by lawyers and you stick with technology.  You
> > > are much, much better at the latter.
> > > You have keyed on the use of the "Particularly" to mean that both (A)
> > > and (B) must occur.  In fact this is not what the clause means.  What it
> > > means it that dominance may occur if "an unduly high proportion of
> > > individual participants are from, employed by, or otherwise represent a
> > > single entity (including its affiliates)", and it will definitely occur when
> > > the participants do not, or do not expect to, substantively participate in
> > > the group.  The "particularly" in question is used to identify a more
> > > egregious form of dominance than the original one.
> > > So the correct interpretation is that dominance may occur if " an
> > > unduly high proportion of individual participants are from, employed by, or
> > > otherwise represent a single entity (including its affiliates)",  EVEN IF
> > > THEY CONTRIBUTE TO THE WORK, but it DEFINITELY occurs "when the participants
> > > do not, or do not expect to, substantively participate in the group".
> > > Since you are the one making the decision, I strongly suggest you do
> > > not answer so quickly based on your reading of the clause, but instead seek
> > > legal advice from a professional.  You never know, you might be left holding
> > > the bag on this one.
> > >  Gabe
> > >
> > >  ----- Original Message -----
> > > *From:* Alex Zamfirescu <alex.zamfirescu@gmail.com>
> > > *To:* Karen Bartleson <Karen.Bartleson@synopsys.com>
> > >  *Cc:* yaron@cadence.com ; stds-dasc-sc@server.eda.org ;
> > > stds-dasc@server.eda.org ; 1647-l@ieee1647.org
> > > *Sent:* Thursday, August 31, 2006 5:52 PM
> > > *Subject:* Re: Issue with P1647 Working Group
> > >
> > >
> > > Dear Karen:
> > >
> > > Before we look into this please be so kind to explain how do you
> > > interpret the clause
> > > 5.2.1.3 copied below:
> > > ---------------------------------------------------------------------------------------------------------
> > >
> > > Dominance in a working group (or subgroup) may occur if an unduly high
> > > proportion of individual
> > > participants are from, employed by, or otherwise represent a single
> > > entity (including its affiliates),
> > > particularly when the participants do not, or do not expect to,
> > > substantively participate in the group. Such
> > > dominance can be contrary to open and fair participation by all
> > > interested parties and, if so, would be
> > > unacceptable.
> > > ----------------------------------------------------------------------------------------------------------
> > >
> > >
> > > The important distinction is the interpretation of the meaning for
> > > "particularly when the participants do not, or no not expect to..."
> > >
> > > The question I have for you Karen, is: Do you think that
> > > "particularly" implies that both
> > > conditions need to occur or it is just a literary expression?
> > >
> > > As I have doubts about the inclusion of just a literary expression in
> > > an important bylaw
> > > clause, I interpret that the meaning is that both conditions
> > >
> > > (A) participants are from, employed by, or otherwise represent a
> > > single entity (including its affiliates),
> > >
> > > and
> > >
> > > (B) the participants do not, or do not expect to, substantively
> > > participate in the group.
> > >
> > > have to be true to recognise group dominance.
> > >
> > > Another motivation for my interpretation is the word "may" used in the
> > > introduction
> > >
> > > "Dominance in a working group (or subgroup) may occur if..."
> > >
> > > In other words the skeleton of the phrase is
> > >
> > >                  Dominance may occur if (A), particularly when (B).
> > >
> > > I read this to mean that you need (A) and (B) to recognise dominance.
> > >
> > > If you think we need to interpret this
> > >
> > >                   Dominance occurs when (A) and more sure when (B)
> > >
> > > or something similar, which will recognise dominance when only (A) is
> > > true,
> > > we need to talk. In that case we need to find the right interpretation
> > > from
> > > the IEEE.
> > >
> > > In case you agree with my interpretation, then we need to find how to
> > > evaluate
> > > or check (B)
> > >
> > > "when the participants do not, or do not expect to, substantively
> > > participate in the group"
> > >
> > > for the group you mention.
> > > Note that I did not assume (A) is true, but just that it is easier to
> > > check.
> > > Note that condition (B) is weak in the fact that "do not expect to" is
> > > subjective, and more
> > > it is left at the latitude of the group members (otherwise it would
> > > have been "are not
> > > expected to").
> > >
> > > I am sure that all group members will answer that they are expecting
> > > to participate
> > > in the group, so how do you suggest to check condition (B)?
> > >
> > > Until we can find that both conditions (A) and (B) are true, I will
> > > not approve, or
> > > recognise any merit to a claim to stop activity of the group. I took
> > > the liberty to
> > > act on this since Victor is also from Cadence.
> > >
> > > Kind regards,
> > >
> > > Alex Zamfirescu
> > > DASC Vice-Chair
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > >
> > > On 8/31/06, Karen Bartleson <Karen.Bartleson@synopsys.com> wrote:
> > > >
> > > >   Dear Yaron,
> > > >
> > > > With all due respect, I am compelled to resurface an issue that I
> > > > complained about quite a while ago.
> > > >
> > > > The IEEE P1647 Working Group has an unduly high proportion of
> > > > individual participants from, employed by, or otherwise representing
> > > > Cadence Design Systems.  Such dominance is contrary to open and fair
> > > > participation by all interested parties and is unacceptable and in direct
> > > > violation of IEEE-SA Standards Board Bylaws.  (See http://standards.ieee.org/guides/bylaws/sb-bylaws.pdf
> > > > clause 5.2.1.3)
> > > >
> > > > From the IEEE P1647 roster of voting members, Cadence Design Systems
> > > > controls 67% of the working group votes.  This effectively means that all
> > > > actions taken by the IEEE P1647 Working Group are entirely controlled
> > > > by Cadence Design Systems.
> > > >
> > > > Until such time as Cadence's dominance can be corrected, I ask that
> > > > you suspend all activities of the IEEE P1647 Working Group as it is
> > > > unable to fairly represent the interest of all parties.  Further, Yaron,
> > > > since you are employed by Cadence, you are ethically bound to recuse
> > > > yourself in addressing this appeal.  The DASC-SC and DASC have been copied
> > > > on this message.  I await the response to this appeal from the DASC
> > > > officers.
> > > >
> > > > Sincerely,
> > > >
> > > > Karen Bartleson
> > > >
> > > > DASC member
> > > >
> > > > IEEE-SA member
> > > >
> > > >
> > > >
> > >
> > >
> > >
> > > --
> > > Alex Zamfirescu
> > > 650-814-7514
> > > alex.zamfirescu@gmail.com
> > > http://alex.zamfirescu.googlepages.com
> > >
> >
> >
> >
> > --
> > Alex Zamfirescu
> > 650-814-7514
> > alex.zamfirescu@gmail.com
> > http://alex.zamfirescu.googlepages.com
> >
>
>
>
> --
> Alex Zamfirescu
> 650-814-7514
> alex.zamfirescu@gmail.com
> http://alex.zamfirescu.googlepages.com
>
>


-- 
Alex Zamfirescu
650-814-7514
alex.zamfirescu@gmail.com
http://alex.zamfirescu.googlepages.com
Received on Fri Sep 1 14:46:13 2006

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