RE: [nc-budget] Intellectual Property Agreement

["Gomes, Chuck" <cgomes@verisign.com>]

I would suggest that this be given to AFNIC for their consideration if that
has not already been done.

Chuck

> -----Original Message-----
> From: Louis Touton [mailto:touton@icann.org]
> Sent: Monday, November 05, 2001 6:33 PM
> To: nc-budget@dnso.org; Philip Sheppard
> Cc: Theresa Swinehart
> Subject: [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
> 
>