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[nc-corp] RE: PROPOSAL TO BUDGET COMMITTEE ON AFNIC REIMBURSEMENT FROM 2000
Hello Roger,
I support your approach below.
We need to clean up such outstanding issues with the DNSO - while there are still people around that remember the circumstances.
Regards,
Bruce
> -----Original Message-----
> From: Cochetti, Roger [mailto:RCochetti@verisign.com]
> Sent: Saturday, January 04, 2003 9:19 AM
> To: NC Budget Committee Confidential (E-mail)
> Cc: Bruce Tonkin
> Subject: 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
>
>
>
>
>
>
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