Re: [nc-corp] PROPOSAL TO BUDGET COMMITTEE ON AFNIC REIMBURSEMENT FROM 2000

["Antonio Harris" <harris@cabase.org.ar>]

In that case I support payment

Thanks

Tony Harris

----- Original Message -----
From: "Cochetti, Roger" <RCochetti@verisign.com>
To: "'Antonio Harris'" <harris@cabase.org.ar>; "NC Budget Committee
Confidential (E-mail)" <nc-corp@dnso.org>
Cc: "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au>
Sent: Tuesday, January 07, 2003 3:07 PM
Subject: RE: [nc-corp] PROPOSAL TO BUDGET COMMITTEE ON AFNIC REIMBURSEMENT
FROM 2000


> These funds were set aside in 2001, so their expenditure will have no
impact
> on the GNSO's 2003 budget.
>
>
> Roger Cochetti
> Chair
> Names Council Budget COmmittee
>
>
>
>
> -----Original Message-----
> From: Antonio Harris [mailto:harris@cabase.org.ar]
> Sent: Monday, January 06, 2003 10:41 AM
> To: Cochetti, Roger; NC Budget Committee Confidential (E-mail)
> Cc: 'Bruce Tonkin'
> Subject: Re: [nc-corp] PROPOSAL TO BUDGET COMMITTEE ON AFNIC REIMBURSEMENT
> FROM 2000
>
>
> Roger,
>
> While this seems perfectly reasonable (and supportable),
> my question is:
> Has this amount been set aside for payment, or will it
> mean increasing the 2003 first semester budget ?
>
> Tony Harris
>
> ----- Original Message -----
> From: "Cochetti, Roger" <RCochetti@verisign.com>
> To: "NC Budget Committee Confidential (E-mail)" <nc-corp@dnso.org>
> Cc: "'Bruce Tonkin'" <Bruce.Tonkin@melbourneit.com.au>
> Sent: Friday, January 03, 2003 7:19 PM
> Subject: [nc-corp] PROPOSAL TO BUDGET COMMITTEE ON AFNIC REIMBURSEMENT
FROM
> 2000
>
>
> >
> > You may recall that in 2000, AFNIC provided Website services to the
> > DNSO without having negotiated terms or an agreement in advance and in
> > 2001, on advice from the Budget Committee, the DNSO Names Council
> > approved a
> payment
> > of $60K to AFNIC for the services provided by AFNIC to the DNSO during
> 2000.
> > This payment was conditioned on AFNIC meeting three conditions, one of
> which
> > --according to the ICANN General Counsel, who acted on behalf of the
> > DNSO
> on
> > this matter-- they never met.  The unmet condition was that AFNIC was
> > obligated to turn over to the DNSO (ICANN acting as its agent) the
> > intellectual property rights to the software AFNIC had developed in
> > connection with AFNIC's services to the DNSO. (The software was mainly
> > for online voting.)
> >
> > The AFNIC employee involved in the development of this software took
> > the position that under French law, the rights to this intellectual
> > property (the software) belonged to her, not AFNIC, so AFNIC could not
> > assign these rights to the DNSO (actually ICANN, acting as an agent
> > for the DNSO.)  The ICANN General Counsel, acting on behalf of the
> > DNSO, took the position
> that
> > under U.S. law, AFNIC as a contractor to ICANN (which was an agent for
> > the
> > DNSO) did have the rights to the intellectual property and thus AFNIC
> could
> > assign those rights to ICANN (again, ICANN acting as an agent for the
> DNSO.)
> >
> > Thus, the negotiations between the DNSO/ICANN and AFNIC has been stuck
> > for two years, AFNIC has not met the third condition of the DNSO's
> > payment to it, and the $60K funds have not been paid to AFNIC.  During
> > this period,
> the
> > DNSO Secretariat has discontinued the use of the software that was
> > created by AFNIC for the DNSO in 2000, and the issue has become
> > essentially academic.
> >
> > Under these circumstances, I'd like to propose that the Budget
> > Committee recommend to the Council at its next meeting that the
> > Council remove any remaining conditions to the payment of the $60K to
> > AFNIC for the services that AFNIC provided to the DNSO in 2000 and
> > that the payment be made in full; and the matter closed.
> >
> > Since I would like to present this as a recommendation of the Budget
> > Committee to the Council (the $60K exceeds our spending authority), I
> > am asking for you to indicate whether you support, oppose, or abstain
> > on my proposal.
> >
> > Thanks,
> >
> > Roger Cochetti
> > Chair
> > Names Council Budget Committee
> >
> >
> >
> >
> >