PPSAI Team:

 

Given that we are getting ready to publish the initial report, we’d like to propose the following, hopefully non-contentious suggestions to III.B, C, and E.  

 

We look forward to your thoughts.

 

B.            …

 

(1)                …

(2)                state to Requestor in writing or by electronic communication its the specific reasons for refusing to disclose.

(3)                …

 

C.            Disclosure can be reasonably refused, for reasons consistent with the general policy stated herein, including, but not limited to any of the following:

 

(1)                …

(2)                the Customer has objectsed to the disclosure and has providesd [adequate sufficient] reasons against disclosure, including without limitation a reasonable defense for its use of the trademark or copyrighted content in question for believing (i) that it is not infringing the Requestor’s claimed intellectual property rights, and/or (ii) that its use of the claimed intellectual property is defensible;

(Note: This language tracks the Requestor’s standards warranting disclosure, and is the opposite side of the same coin.)

(3)                the Provider has found provides [adequate sufficient] reasons against disclosure for believing (i) that the Customer is not infringing the Requestor’s claimed intellectual property rights, and/or (ii) that the Customer’s use of the claimed intellectual property is defensible;

(4)                …

(5)                …

 

…

 

E.       If refusal to disclose is based on objection to disclosure by the Customer, Requestor  be informed of the reasons for objection.  (Could be consolidated with III B (2)).