Open Source FPGA Foundation Antitrust Policy

The OSFPGA Foundation provides vendor-neutral, open development of open source FPGA technologies, frameworks, architectures, and tools (the “OSFPGA Technology”). The purpose of the OSFPGA Foundation is to advance the creation, evolution, education, promotion, adoption, and support of the Open FPGA Technology and to cultivate an open source FPGA community and ecosystem.

It is the policy of the OSFPGA Foundation to require that all of the members, contributors, and committers (collectively the “Members”) of the OSFPGA Foundation, all of the activities of the OSFPGA Foundation, and any projects, committees, or working groups organized under its auspices, be conducted strictly in accordance with applicable antitrust laws. This policy has been prepared to inform Members of the OSFPGA Foundation of this obligation.

It should be noted that antitrust law violations are considered punishable offences whether conducted by corporations or individuals and the punishment depending on the jurisdictions could range from heavy fines to imprisonment. In addition, antitrust violations entail the further risk of being followed by civil claims for damages by affected third parties as well as reputational damage for the Members, the OSFPGA Foundation and the OSFPGA Technology.

CONDUCT & OPERATING GUIDELINES

Antitrust laws generally prohibit formal or informal agreements between, undertakings, decisions by associations of undertakings and concerted practices that have as their object or effect the prevention, restriction or distortion of competition such as but not limited to price-fixing, market allocation, concerted refusals to deal, and exchange of competitively sensitive information.

Members SHALL NOT discuss or exchange confidential or non-public information relating to the OSFPGA Foundation or in conjunction with OSFPGA Foundation activities including but not limited to pricing, costs, financials, market allocation, market projections, third party intellectual property agreements, proprietary technology development, etc.

Members may individually design, develop, manufacture, acquire or market their own competitive technologies, specifications, products and services in any lawful way. Nothing contained in this policy should be construed to prohibit or limit a Member from doing so. Members may individually decide whether or not to utilize OSFPGA developments in their business operations and to what extent. Members are not required to exclusively use, announce, or promote OSFPGA tools or specifications. Members may join or participate in any other associations, including competitive open-source organizations.

If any suspicions arise of antitrust relevant matters being brought up during meetings or events, Members should protest and, if necessary, leave the OSFPGA Foundation meeting or event.

Members should report any violations of this Policy concerning OSFPGA Foundation activities to the foundation’s Board of Directors. Members assume responsibility to provide appropriate legal counsel, information and training in antitrust compliant behavior to their representatives regarding compliance with this policy.

In order to ensure that OSFPGA Foundation activities are conducted fairly in a manner that does not unduly benefit some Members to the detriment of others, it is important that proceedings of the organization be conducted openly and with the opportunity for participation from all interested parties. To that end, the policies of the OSFPGA Foundation conform to the following guidelines:

  • Membership. Any entity that satisfies membership criteria and agrees to abide by the bylaws, policies, rules and agreements of the OSFPGA Foundation may join the OSFPGA Foundation. Members are not precluded from joining any similar organizations.
  • Meetings. All board, committee, subcommittee, and working group meetings shall be preceded by notice of the meeting schedule and agenda to respective participants. Potential antitrust questions posed by the agenda should be raised in advance. Meeting minutes shall be kept of all Board and committee meetings and shall be distributed to all attendees within a short period following the meeting. It is important that any deficiencies in the minutes promptly be brought to the attention of the OSFPGA Foundation Secretary.
  • Events: Antitrust law violations may also occur during OSFPGA events if members, contributors, or committers engage in any of the anticompetitive practices described above. The present antitrust compliance policy applies to any of the foundation’s activities, whether “official meetings” or “events”.
  • Access to Antitrust It is the policy of the OSFPGA Foundation that a copy of this antitrust policy be made available to all members, contributors, and committers.

The OSFPGA Foundation is committed to taking all reasonable measures to the best of it’s knowledge and abilities to ensure compliance with competition law at all OSFPGA Foundation events, meetings and activities.

POLICY VIOLATION

If a Member or their representative violates this policy, the Board of the OSFPGA Foundation is entitled, as provided by the by-laws, to decide upon the Termination of Membership.

POLICY REVISIONS

The Board of the OSFPGA Foundation is empowered to approve changes to this Antitrust Policy. After any such Board approval, a minimum of thirty (30) days’ notice shall be provided to all Members of the new version of this Antitrust Policy before it becomes effective.

If you have a question regarding these matters, contact the OSFPGA Foundation at info@osfpga.org.