Re: [nc-budget] Intellectual Property Agreement

[Nilda Vany Martinez Grajales <vany@sdnp.org.pa>]

Louis:

Thank you for this counterproposal.  This is in the benefit, security and protection of DNSO
and ICANN in general.

Also I want to point out that, according to the following report

http://www.dnso.org/secretariat/2000.AFNIC-DNSO.html

There is an item named:  "PC desktop equipment purchase, software and
 hardware" which was valued in $2000.00.

Also there is part of this report that says:

"Service to the NC

    agendas/summaries/communication in between meetings
    NC membership maintenance (addresses, phones any other means for contact)
    NC e-mail list (maintaining, archiving, publishing)
    design and implementation of the NC voting system
    NC annual selection to the ICANN Board"

So all of this means that the DNSO is paying for Hardware and Software.   Also this support
this reports supports the counterproposal you have drafted where it says that all agreements
regarding this situation is with AFNIC and not directly
with employees or consultants payed oand/or volunteers.  And also supports that voting
software was  made in behalf of AFNIC
and that the cost of $59400.00 that AFNIC is charging is included in such ammount since it
was included in such report.

I suggest that in the counterproposal all software and DNSO website be provided to ICANN in
CD-ROMs (including voting software of course)
including its source code, and also all hardware bought by AFNIC that is charged to DNSO,
also be transferred to ICANN (even
if such hardware will remain located in AFNIC).

Best Regards
Vany
:-)




Louis Touton wrote:

> 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
>
>   ------------------------------------------------------------------------
>                                          Name: AFNIC-to-ICANN-license-05nov01.pdf
>    AFNIC-to-ICANN-license-05nov01.pdf    Type: Portable Document Format (application/pdf)
>                                      Encoding: base64

--
Nilda Vany Martinez Grajales
Information Technology Specialist
Sustainable Development Networking Programme/Panama
e-mail: vany@sdnp.org.pa
http://www.sdnp.org.pa