Michael and all, It is good Michael that you pointed this out (See at near bottom). However I believe that NSF already transferred the A.ROOT-SERVER.NET to NSI some time ago (1996-97??) I believe that Tony Rutkowski pointed this out quite awhile ago. I am sure that Don T or Chris Clough can most likely verify this one way or another. Hence, if correct, transfer of A.ROOT-SERVER.NET to ICANN is strictly in NSI's hands as NSI is the current manager of that Root server. Tech Contact: Kosters, Mark A. Handle: MAK21 Email: [EMAIL PROTECTED] Michael Sondow wrote: > Commentary of James Love (Consumer Project on Technology) on HR 209 > and S804: > > > HR 209 passed the House of Representatives > > by voice vote on Tuesday, May 11. > > > > S. 804 is the verison introduced by Senators > > Jay Rockefeller (D-WV) and William Frist (R-TN) > > > > The legislation undermines the public's > > rights in government funded inventions, > > increases secrecy, and reduces competition. > > > Senator John McCain > > Senator Jay Rockefeller > > Senator Byron Dorgan > > Senator John Durkin > > Senator Patrick Leahy > > Senator William Frist > > > > Dear Senators: > > > > We are writing to express opposition to HR 209 and S. 804. > > The fundamental thrust of the legislation is to water down or > > eliminate a range of current public interest protections in the > > licensing of taxpayer funded inventions. > > > > 1. The legislation reduces competition > > > > Both HR 209 and S. 804 eliminate the statutory requirements in 35 > > USC 209(c)(1)(b) that before using an exclusive license, an > > agency make a finding that: > > > > the desired practical application has not been achieved, or > > is not likely expeditiously to be achieved, under any > > nonexclusive license which has been granted, or which may be > > granted, on the invention; > > > > This is an important change in existing law. It is currently > > illegal to use an exclusive license if development is likely to > > be expeditiously achieved with a non-exclusive license. However, > > under the new bills, this will change, and it will be possible to > > use an exclusive license merely by meeting the much lesser > > requirement that "granting the license is a reasonable and > > necessary incentive to . . . promote the invention's utilization > > by the public." The consequence of this change will be fewer non- > > exclusive licenses, less competition, and more monopolies on > > taxpayer owned inventions. > > > > 2. The Public's rights to notice and comment on exclusive > > licensing of government inventions is vastly reduced > > > > HR 209 and S. 804 both gut public notice provisions for exclusive > > license agreements from government owned inventions. Under > > existing law, agencies are normally expected to provide 90 days > > notice that the invention is available to the public for > > licensing, followed by 60 days notice with an opportunity to file > > objections for proposals to provide an exclusive license to a > > particular party. [See: 37CFR404.7(a)(1)] > > > > S. 804 and HR 209 reduce notice requirements to "in an > > appropriate manner at least 15 days before the license is > > granted." According to the House Report on HR 209, this > > eliminates also the need to provide notice in the Federal > > Register. S. 804 and HR 209 exempt even this modest requirement > > for "licensing of inventions made under a cooperative research > > and development agreement (CRADA) entered into under section 12 > > of the Stevenson-Wydler Technology Innovation Act of 1980 (15 > > U.S.C. 3710a)." > > > > The change eliminates the effective rights of the public to raise > > objections to the use of an exclusive license or to even question > > the terms of the license (including the scope of the > > exclusivity). > > > > 3. The increased secrecy on licenses undermines the public's > > rights and reduces accountability. > > > > There are a number of current cases where the public is seeking > > information about government licenses, including such items as > > the royalties or other considerations paid for the license, the > > revenues from the invention, information the availability of the > > invention to the public, or justification for prices charged > > consumers. > > > > HR 209 modifies existing statutory language to require that such > > information be secret from the public. Language in 35 USC > > Section 209 that says that information "may be treated by a > > federal agency as . . . privileged and confidential and not > > subject to disclosure under" the freedom of information act, is > > changed to say that such information "shall be treated as > > privileged and confidential...." NIH licensing officials claim > > the change from "may" to "shall" will make a much broader amount > > of information secret, including even basic information such as > > the amount of money received by the government as payment for use > > of a patent. Indeed, in Section 10 of HR 209, federal agencies > > are not even permitted to report statistical information on > > royalties received for licenses, if "such information would > > reveal the amount of royalty income associated with an individual > > license or licensee." > > > > This is truly adding insult to injury. Not only will the public > > be denied a practical opportunity to stop an agency from giving > > an exclusive license on a government owned patent or to > > effectively challenge the terms of the patent the public will > > not even be permitted to know what the terms are! > > Below is part of the current US code of federal regulations on > licensing of government owned inventions. > > (One thing I did not notice before is this part of the CFR: > > (a)(2) > (i) The license shall be subject to the irrevocable, royalty-free > right of the Government of the United States to practice and have > practiced the invention on behalf of the United States and on > behalf > of any foreign government or international organization pursuant > to any existing or future treaty or agreement with the United > States.) > > ............................................ > > Here is 37CFR404.7 > > [Code of Federal Regulations] > [Title 37, Volume 1] > [Revised as of July 1, 1998] > >From the U.S. Government Printing Office via GPO Access > [CITE: 37CFR404.7] > > [Page 533-534] > > TITLE 37--PATENTS, TRADEMARKS, AND COPYRIGHTS > > CHAPTER IV--ASSISTANT SECRETARY FOR TECHNOLOGY POLICY, DEPARTMENT OF > COMMERCE > > PART 404--LICENSING OF GOVERNMENT OWNED INVENTIONS--Table of > Contents > > Sec. 404.7 Exclusive and partially exclusive licenses. > > (a)(1) Exclusive or partially exclusive domestic licenses may be > granted on federally owned inventions three months after notice of > the > invention's availability has been announced in the Federal Register, > or > without such notice where the Federal agency determines that > expeditious > granting of such a license will best serve the interest of the > Federal > Government and the public; and in either situation, only if; > (i) Notice of a prospective license, identifying the invention > and > the prospective licensee, has been published in the Federal > Register, > providing opportunity for filing written objections within a 60-day > period; > (ii) After expiration of the period in Sec. 404.7(a)(1)(i) and > consideration of any written objections received during the period, > the > Federal agency has determined that; > (A) The interests of the Federal Government and the public will > best > be served by the proposed license, in view of the applicant's > intentions, plans, and ability to bring the invention to practical > application or otherwise promote the invention's utilization by the > public; > (B) The desired practical application has not been achieved, or > is > not likely expeditiously to be achieved, under any nonexclusive > license > which has been granted, or which may be granted, on the invention; > (C) Exclusive or partially exclusive licensing is a reasonable > and > necessary incentive to call forth the investment of risk capital and > expenditures to bring the invention to practical application or > otherwise promote the invention's utilization by the public; and > (D) The proposed terms and scope of exclusivity are not greater > than > reasonably necessary to provide the incentive for bringing the > invention > to practical application or otherwise promote the invention's > utilization by the public; > (iii) The Federal agency has not determined that the grant of > such > license will tend substantially to lessen competition or result in > undue > concentration in any section of the country in any line of commerce > to > which the technology to be licensed relates, or to create or > maintain > other situations inconsistent with the antitrust laws; and > (iv) The Federal agency has given first preference to any small > business firms submitting plans that are determined by the agency to > be > within the capabilities of the firms and as equally likely, if > executed, > to bring the invention to practical application as any plans > submitted > by applicants that are not small business firms. > (2) In addition to the provisions of Sec. 404.5, the following > terms > and conditions apply to domestic exclusive and partially exclusive > licenses; > (i) The license shall be subject to the irrevocable, > royalty-free > right of the Government of the United States to > > [[Page 534]] > > practice and have practiced the invention on behalf of the United > States > and on behalf of any foreign government or international > organization > pursuant to any existing or future treaty or agreement with the > United > States. > (ii) The license shall reserve to the Federal agency the right > to > require the licensee to grant sublicenses to responsible applicants, > on > reasonable terms, when necessary to fulfill health or safety needs. > (iii) The license shall be subject to any licenses in force at > the > time of the grant of the exclusive or partially exclusive license. > (iv) The license may grant the licensee the right of enforcement > of > the licensed patent pursuant to the provisions of Chapter 29 of > Title > 35, United States Code, or other statutes, as determined appropriate > in > the public interest. > (b)(1) Exclusive or partially exclusive licenses may be granted > on a > federally owned invention covered by a foreign patent, patent > application, or other form of protection, provided that; > (i) Notice of a prospective license, identifying the invention > and > prospective licensee, has been published in the Federal Register, > providing opportunity for filing written objections within a 60-day > period and following consideration of such objections; > (ii) The agency has considered whether the interests of the > Federal > Government or United States industry in foreign commerce will be > enhanced; and > (iii) The Federal agency has not determined that the grant of > such > license will tend substantially to lessen competition or result in > undue > concentration in any section of the United States in any line of > commerce to which the technology to be licensed relates, or to > create or > maintain other situations inconsistent with antitrust laws. > (2) In addition to the provisions of Sec. 404.5 the following > terms > and conditions apply to foreign exclusive and partially exclusive > licenses: > (i) The license shall be subject to the irrevocable, > royalty-free > right of the Government of the United States to practice and have > practiced the invention on behalf of the United States and on behalf > of > any foreign government or international organization pursuant to any > existing or future treaty or agreement with the United States. > (ii) The license shall be subject to any licenses in force at > the > time of the grant of the exclusive or partially exclusive license. > (iii) The license may grant the licensee the right to take any > suitable and necessary actions to protect the licensed property, on > behalf of the Federal Government. > (c) Federal agencies shall maintain a record of determinations > to > grant exclusive or partially exclusive licenses. Regards, -- Jeffrey A. Williams CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng. Information Network Eng. Group. INEG. INC. E-Mail [EMAIL PROTECTED] Contact Number: 972-447-1894 Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
