RE: [nc-budget] Intellectual Property Agreement

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

My suggestion was intended to get the Budget committee to accept this as a
counter proposal.  I should have made that clearer.

Chuck

> -----Original Message-----
> From: Louis Touton [mailto:touton@icann.org]
> Sent: Monday, November 05, 2001 9:47 PM
> To: nc-budget@dnso.org
> Cc: Philip Sheppard; Theresa Swinehart
> Subject: Re: [nc-budget] Intellectual Property Agreement
> 
> 
> Chuck,
> 
> The draft has not yet been sent to AFNIC because I was hoping that the
> Budget Committee would coalesce on a view of what terms and conditions
> are appropriately proposed to AFNIC.  In discussions within the past
> week, budget committee members expressed the view that a
> counter-proposal should be prepared and, if satisfactory to the budget
> committee, submitted to AFNIC.  (See Roger's and Philip's notes.)
> 
> In considering this matter, I believe an appropriate starting point is
> the Names Council's Decision D5 at its 24 January 2001 meeting:
> 
>    "The Names Council Chair (Ph. Sheppard according to the results of
>    the election at this meeting) will instruct ICANN to make a payment
>    upon a receipt of two compliant reports and after the following
>    conditions have been met:
> 
>    * Services provided at no cost during interim period,
>    * A satisfactory report from AFNIC on the IP acquired by the DNSO,
>    * Additional report on how AFNIC'S costs should be allocated within
>      the DNSO."
> 
> It seems natural that the Names Council, having decided 
> conditionally to
> pay AFNIC for the services it provided without any promise of payment,
> would want the payment to result in the DNSO obtaining rights to the
> materials generated in performing the secretariat function, including
> any software necessary to continue those services.
> 
> Louis
> 
> 
> 
> "Gomes, Chuck" wrote:
> > 
> > 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
> > >
> > >
>