[nc-budget] Intellectual Property Agreement
To the NC Budget Committee, Following up on the committee's discussion of the intellectual property rights that DNSO/ICANN should receive in the materials AFNIC has generated in its performance of DNSO secretariat services, I have prepared the attached Intellectual Property Agreement. As you will note, the agreement is simple, having a body that is only two pages long. Its principal features are: 1. DNSO/ICANN would obtain a complete transfer of all of AFNIC's rights in the materials on the DNSO web site. (Exhibit A to the agreement is a listing of all URLs on the web site, but has been shortened in the attached document for your convenience in reviewing it.) With respect to materials prepared by AFNIC personnel and consultants, AFNIC would warrant that title to the intellectual property is being conveyed to DNSO/ICANN. With respect to other materials (mainly public comments), AFNIC would simply transfer whatever rights it has without a warranty of title. This transfer should permit DNSO/ICANN to continue to support its consensus-based policy-development activities in the domain-name area. 2. DNSO/ICANN would obtain a perpetual, no-further-cost license to all custom (i.e. not publicly available) software that AFNIC uses in carrying out the DNSO secretariat functions. This allows all future secretariats the benefit of this software should they choose to use it. 3. DNSO/ICANN would enter the agreement only with AFNIC, not with AFNIC's employees and consultants who have prepared the materials. It is AFNIC's responsibility to obtain the necessary rights from those employees and consultants. I believe that the above, simple agreement is a reasonable accommodation of the various views of the committee, as well as being fair to AFNIC. It fittingly provides that AFNIC, upon being compensated for its services, transfers to DNSO/ICANN the material that has been generated during those services as well as the software to continue performing those services. Best regards, Louis Touton AFNIC-to-ICANN-license-05nov01.pdf
|