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EPML Dispute
Official Court Filings and supporting documents
Synomos, through its parent company Zero-Knowledge Systems (ZKS), has made available relevant project archives and related materials documenting the collaboration
between IBM and ZKS during their partnership on the project codenamed "Canon". Zero-Knowledge Systems recently spun out its Enterprise Unit as a wholly owned subsidiary called Synomos Inc.
This page constitutes copies of materials and exhibits which may be part of the court record in the case of Zero-Knowledge Systems v International Business Machines Corporation, QC Superior Court #500-17-020978-048.
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Supporting materials
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Exhibit P–1
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Press Release: ZKS Managed Privacy Services Press Release, October 31, 2000
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Exhibit P–2
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ZKS Privacy Rights Markup Language 0.9 Specification, June 2001
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Exhibits
P–3 & P–4
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Confidential Disclosure Agreement between ZKS and IBM, February 5, 2001 and suplements
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Exhibit P–5
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ZKS/IBM Enterprise Privacy Language 1.0 Specification, February 4, 2002
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Exhibit P–6
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ZKS/IBM “Canon” project archives detailing joint work
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Exhibit P–7
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IBM Enterprise Privacy Authorization Language 1.1 Specification, published on the W3C Website, March 3, 2003
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Exhibit P–8
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IBM’s submission request to the W3C, which includes the EPAL Specification and the XML Schema of EPAL, published on the W3C Web site, December 1, 2003
Direct downloads:
Submission Request to W3C
Specification of an Enterprise Privacy Authorization Language (EPAL)
The XML Schema of an Enterprise Privacy Authorization Language (EPAL)
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Exhibit p–9
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W3C Document License
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Summary of the Lawsuit
Type of Lawsuit
ZKS’ action is a private copyright infringement and breach of agreement suit filed under the copyright laws of Canada and the Civil Code of the province of Quebec. ZKS is the plaintiff; International Business Machines Corporation is the defendant.
Court
The motion was filed in the District of Montreal of the Superior Court of Quebec.
What ZKS Alleges
ZKS alleges that IBM has violated Sections 3 and 27 of the Canadian Copyright Act and breached its duty to act in a diligent manner and in good faith, contrary to article 1458 of the Civil Code of Quebec.
ZKS alleges that IBM has wrongfully reproduced the EPAL Specification without acknowledging ZKS contribution, and has unlawfully licensed the EPAL Specification without ZKS’ consent. As a direct result of the actions of IBM, ZKS has suffered irreparable harm, damages and sustained lost profits, and IBM has realized unlawful profits. Until IBM’s actions are enjoined ZKS will continue to suffer such irreparable harm, damages and lost profits, to the benefit of IBM.
What ZKS Seeks
ZKS seeks a permanent injunction preventing IBM from continuing to unlawfully license, publicize and distribute the EPAL specification without the consent of ZKS. The company is also seeking reimbursement of ZKS’ legal fees and extra-judicial disbursements, and damages currently set at seven million Canadian dollars ($7,000,000.00 CAD). This number is subject to change by ZKS at trial. ZKS also reserves the right to establish at trial the amount of profits realized by IBM as a result of its unlawful activities.
ZKS/IBM “Canon” project archives detailing joint work
| Minutes of technical meetings between Zero-Knowledge Systems and IBM.
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February 1, 2002
January 23, 2002
January 21, 2002
January 18, 2002
November 14, 2001
November 12, 2001
November 08, 2001
November 1, 2001
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October 29, 2001
October 24, 2001
October 22, 2001
October 17, 2001
October 10, 2001
October 3, 2001
October 2, 2001
October 1, 2001
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September 27, 2001
September 19, 2001
September 12, 2001
September 5, 2001
August 29,2001
August 22, 2001
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