Re: [nc-budget] Budget committee meeting Dec 19- agenda -minutes

["DNSO Secretariat" <DNSO.secretariat@dnso.org>]

Roger,

This is obviously a mistake I made in recording the exact sense of
Elisabeth's remark.
I noted it because she made a special point of it,  and I expressed myself
badly, in saying "in French" rather than what should have been, under the
French law.
I am sorry about this misinterpretation, and do apologise to Elisabeth and
the Budget committee.

Glen
DNSO Secretariat

----- Original Message -----
From: Cochetti, Roger <RCochetti@verisign.com>
To: 'Elisabeth Porteneuve' <Elisabeth.Porteneuve@cetp.ipsl.fr>;
<DNSO.secretariat@dnso.org>; Cochetti, Roger <RCochetti@verisign.com>;
<nc-budget@dnso.org>
Sent: Wednesday, January 16, 2002 9:45 PM
Subject: RE: [nc-budget] Budget committee meeting Dec 19- agenda -minutes


> Thanks Elizabeth.  I certainly understand your point and I have no
> recollection of it.
>
> There is an obvious and significant difference between a license agreement
> between you, AFNIC and ICANN (acting as an agent for the DNSO) that is
> written under the laws of California and a corresponding contract that is
> written under the laws of France; and the difference goes way beyond
whether
> the contract is written in French or English.
>
> I just do not have any recollection of this and normally assume that in
the
> absence of specific action, the normal ICANN practice is to write
contracts
> under California law and in English.
>
> Does anyone else have a recollection of this?
>
> Roger
>
> Roger J. Cochetti
> Senior Vice President & Chief Policy Officer
> VeriSign
> rcochetti@verisign.com
> 202-973-6600
>
>
> -----Original Message-----
> From: Elisabeth Porteneuve [mailto:Elisabeth.Porteneuve@cetp.ipsl.fr]
> Sent: Wednesday, January 16, 2002 3:25 PM
> To: DNSO.secretariat@dnso.org; RCochetti@verisign.com;
> nc-budget@dnso.org
> Subject: RE: [nc-budget] Budget committee meeting Dec 19- agenda
> -minutes
>
>
>
>
> Roger,
>
> My recollection agree with yours with regard to language,
> English and French. My memory and notes indicate the following
> with regard to 4c):
>
> When we discussed about IP document over the Budget call on 19 Dec,
> there were two items: (1) the content of the dnso.org website,
> which is the collection of various authors, each of them keeping
> individual IP rights to his/her copy, and which has importance
> as history and record of DNSO work and must be protected as such;
> (2) the IP rights attached to the voting software written by myself.
>
> The first item (1) is not difficult: the dnso.org website as today
> is copied completely to various places, including ICANN, as indicated
> in logs. The custodianship over time is more difficult from
> liability point of view and from long term committment,
> but it is ICANN duty, very much welcome to help the DNSO side efforts.
>
> With regards to the item (2), both you and myself, we summarized
> US and French proposals presented last falls to the Budget Committee,
> and we agreed that the spirit of both is very close. The main
> difference being unlimited vs renew periodically, which is no
> major problem.
>
> I asked then, as French citizen and not a lawyer, to have the contract
> concerning the IP righst to my software written under French law,
> and it was accepted. We were not discussing about translation
> to French - it may be in English - but about the law.
>
> The Budget Committee asked then to have unlimited rights to voting
> software for the DNSO/NC needs, and accepted my request for
> IP rights under French law.
>
> IMHO the text:
> -that the above agreement be drawn up in French as well.
> should read:
> -that the above agreement be drawn up under French law.
>
> Kind regards,
> Elisabeth
>
>
> ----Original Message ----
> From owner-nc-budget@dnso.org Wed Jan 16 20:30 MET 2002
> Message-ID: <3CD14E451751BD42BA48AAA50B07BAD6013C93B0@vsvapostal3.bkup6>
> From: "Cochetti, Roger" <RCochetti@verisign.com>
> To: "'DNSO Secretariat'" <DNSO.secretariat@dnso.org>, nc-budget@dnso.org
> Subject: RE: [nc-budget] Budget committee meeting Dec 19- agenda -minutes
> Date: Wed, 16 Jan 2002 14:35:26 -0500
>
> I need to comment on one passage of these minutes:
>
> -------------------
>
> Agenda Item 4: Administrative matters
> a) Service contract with Glen de St Géry
> The budget committee agreed that 2 contracts were persuasive as it permits
> both parties to be addressed separately and gives more flexibility
> Roger proposed a motion
> 1. There is a preference for 2 contracts
> 2. AFNIC to coordinate fully with Glen, accept guidance, except in those
> areas that would jeopardize matters at a technical level for AFNIC.
>
> b) Payments previously authorized
> These were approved
>
> c) AFNIC intellectual property rights.
> The documentation drawn up does not deprive Elisabeth or AFNIC of
ownership
> of software it deals with usage rights.
> It was agreed that the principal difference was 2 different IPs:
> the voting software
> the content posted on the website
> To be consistent with normal practice, the budget committee recommends the
> statements following:
> -that the DNSO/NC have long-term, unrestricted rights to use the software
> -that the above agreement be drawn up in French as well.
> -that ICANN as the legal agent, acting on behalf of the DNSO has the right
> to the content on the website.
>
> ------------------
>
>
> Regarding 4 c), I have no record or recollection that we agreed that the
> contracts would be written and executed in English and French.  My notes
> indicate that we did not address the language of the contract (s), which
> would imply that the standard ICANN/DNSO approach to use English as its
> working language was intended.
>
> Thus, unless anyone has a better recollection than do I, the third bullet
> under 4 c) should be deleted.
>
>
>
> Roger Cochetti,
> Chair
> Names Council Budget Committee
>
>
>
>
> Roger J. Cochetti
> Senior Vice President & Chief Policy Officer
> VeriSign
> rcochetti@verisign.com
> 202-973-6600
>
>
> -----Original Message-----
> From: DNSO Secretariat [mailto:DNSO.secretariat@dnso.org]
> Sent: Thursday, December 20, 2001 8:10 AM
> To: nc-budget@dnso.org
> Subject: [nc-budget] Budget committee meeting Dec 19- agenda -minutes
>
>
> [To: Budget committee nc-budget@dnso.org]
>
> Please find the agenda and minutes of the meeting at these urls:
>
> http://dnso.dnso.org/dnso/notes/20011219.NCbudget-agenda.html
> http://dnso.dnso.org/dnso/notes/20011219.NCbudget-minutes.html
>
> They are very short minutes and please feel free to add comments and
> changes.
> A copy will go to Louis Touton.
>
> DNSO Secretariat