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[nc-budget] Fwd: Intellectual Property issues on voting system (before it was) Re: Fw: [cctld-discuss] Vote under way on Stockholm motions


Just for the records.
Best Regards
Vany
--- Vany Martinez <vany_martinez@yahoo.com> wrote:
> Date: Mon, 2 Jul 2001 15:58:30 -0700 (PDT)
> From: Vany Martinez <vany_martinez@yahoo.com>
> Reply-to: ceo@vany.org
> Subject: Re: Fw: [cctld-discuss] Vote under way on
> Stockholm motions
> To: Elisabeth.Porteneuve@cetp.ipsl.fr,
> RCochetti@verisign.com, 
>     erica.roberts@bigpond.com, pdeblanc@usvi.net,
> rcochetti@netsol.com, 
>     cgomes@verisign.com
> CC: philip.sheppard@aim.be
> 
> Hi to all:
> 
> 1. Any work done such as software, hardware, etc,
> has
> to be delivered to the NC completely, under the
> conditions that were done.   This means, that any
> software made by the staff of DNSO (and I understand
> that they was hired as DNSO staff or subcontracted
> for
> such a job) to the DNSO, if nothing was specified in
> such moment, neither licencing issues was done,
> neither patent, etc,etc etc and/or such a software
> didn't have any licensing issue in the moment that
> such a software was provided to the NC, then AFNIC
> doesn't have any right to do claims over such
> software
> and have the moral and ethical obligation to deliver
> such software to ICANN.
> 
> 2.  As far as I understand, Secretariat and
> technical
> support was hired  and or subcontracted as DNSO
> employees, be part time or full time, or volunteer. 
> This means, that anything done under DNSO belongs to
> ICANN and not to such an staffor subcontracted
> organization neither/nor individuals
> 
> 3.  If licencing issues are setted now by AFNIC and
> acknoledged by the NC, this means that in the
> future,
> if AFNIC wish (and not necessarily Elisabeth or any
> actual staff has to be there) can make new licencing
> conditions, agreements, etc, where any user of the
> software has to pay for the full features of such a
> software.  Do you think is fair that after paying
> the
> people who programmed the software, then also, in
> the
> future we have to pay for licencing of a software
> that
> was produced under DNSO.
> 
> Then the moral obligation of AFNIC is to deliver us
> such software and the intellectual property to ICANN
> since they were payed for such job or at least
> perfomed this job in a voluntary basis under DNSO  .
> 
> Best Regards
> Vany
> 
> 
> 
> --- Elisabeth Porteneuve
> <Elisabeth.Porteneuve@cetp.ipsl.fr> wrote:
> > > 
> > > As I recall, the Budget Committee requested that
> > all IP developed by the
> > > Secretartiat be identified and ceded to the NC. 
> I
> > understand this was a
> > > condition of payments made over the last few
> > months for Secretariat
> > > services.
> > > However, the emails below seem to indicate that
> > the Secretariat is claiming
> > > ownership of the IP associated with the voting
> > systems.  Perhaps I am
> > > mis-understanding the situation, but I think it
> is
> > something which requires
> > > early clarification.
> > > I am not sure when the next BC meeting is due,
> but
> > let us clarify and
> > > resolve this issue without delay.
> > > 
> > > erica
> > > 
> > 
> > I believe you misunderstand.
> > To the software is attached what we call "droit
> > d'auteur" or "moral rights"
> > (as opposed to financial).
> > The "droit d'auteur" is the act of creation.
> > It is completely independent of usage, "financial
> > rights".
> > I belive similar concept is used in the well known
> > anglo-saxon 
> > GNU licensing system.
> > Basicaly, the software is at no cost under minimal
> > conditions,
> > such us respecting the moral rights (acknowledge
> who
> > wrote it),
> > not re-selling it, and similar.
> > 
> > Hope it helps,
> > Elisabeth
> > 
> > 
> > > ----- Original Message -----
> > > From: "Eberhard Lisse" <el@ac.lisse.na>
> > > To: <cctld-discuss-admin@wwtld.org>
> > > Cc: <cctld-discuss@wwtld.org>; <el@lisse.na>
> > > Sent: Saturday, June 30, 2001 2:30 PM
> > > Subject: Re: [cctld-discuss] Vote under way on
> > Stockholm motions
> > > 
> > > 
> > > > Elisabeth,
> > > >
> > > >
> > > > you are so full of it, that I am at a loss for
> > words. (Doesn't happen
> > > > often)
> > > >
> > > > Ever heard of Open Source?
> > > >
> > > > Never mind that you told me in Geneva that
> Kent
> > "Catherine" Crispin
> > > > developed that mechanism on your request, and
> of
> > course without
> > > > consultation because you were unhappy with the
> > outcome of a previous
> > > > election.
> > > >
> > > > el
> > > >
> > > >
> > > > In message
> > <200106292228.AAA07348@balsa.cetp.ipsl.fr>,
> > Elisabeth
> > > Porteneuve wri
> > > > tes:
> > > > >
> > > > >
> > > > > Dear Colleagues,
> > > > >
> > > > > It is with the biggest sadness that I
> > discover, thanks to Nigel,
> > > > > that the electronic voting mechanism I
> > developped for the DNSO
> > > > > is being used now without even the curtesy
> > request.
> > > > >
> > > > > It is unacceptable that intellectual
> property
> > rights may be
> > > > > violated such a way.
> > > > >
> > > > > I wish to add that, as frequently, the
> plagiat
> > is plagiat,
> > > > > that some aspects are forgotten and single
> > point faillure created.
> > > > >
> > > > > Very disappointed,
> > > > > Elisabeth Porteneuve
> > > > >
> > _______________________________________________
> > > > > cctld-discuss mailing list
> > > > > cctld-discuss@wwtld.org
> > > > >
> >
> http://www.wwtld.org/mailman/listinfo/cctld-discuss
> > > > >
> > > >
> _______________________________________________
> > > > cctld-discuss mailing list
> > > > cctld-discuss@wwtld.org
> > > >
> >
> http://www.wwtld.org/mailman/listinfo/cctld-discuss
> > > 
> > > 
> 
> 
> =====
> Nilda Vany Martinez Grajales
> Information Technology Specialist
> Sustainable Development Networking Programme/Panama
> http://www.sdnp.org.pa e-mail: vany@sdnp.org.pa
> 
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=====
Nilda Vany Martinez Grajales
Information Technology Specialist
Sustainable Development Networking Programme/Panama
http://www.sdnp.org.pa e-mail: vany@sdnp.org.pa

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