> > NSI was hired to perform registrations and, per amendment #4 to
> > charge a fee. The contract requires, at the end of the contract,
> > for NSI to turn over *all* materials needed for a sucessor to pick
> > up the job. In order for that to happen, the sucessor needs the
> > list of who registered which domain and when. So you can call it
> > the property of NSI, but the fact of the matter is that the US
> > government can get it, and use it, and hand it over to a sucessor to
> > NSI (or anyone else it pleases.)
>
> Now we are gettign somewehre. You are agreeing that it is intellectual
> property of NSI, and they might have to produce it to USG, provided
> they can't convince twelve bums off the stree that are too stupid to
> avoid jury duty, that they don't.
No, I do not agree that the contact database is the intellectual property
of NSI.
The contact database is part and parcel of operating a registry according
to the terms set forth by the NSF-NSI Cooperative Agreement.
NSI has merely a contractual right to retain a copy. It has no right
whatsoever to use that data to operate a domain name registry or
registrar beyond the end of the cooperative agreement.
> Personally I think they would have to hand it over, actually.
Of course NSI has to hand it over -- the Cooperative Agreement explicitly
says that NSI is obligated to hand over all information needed for the
government to set up a sucessor to NSI. And it is impossible to do the
equivalant of NSI's job without having the contact database.
Thus the contact database is, along with the zone files, part of the
ultimate deliverable that NSI must give to NTIA (assuming NTIA asks for
it.)
--karl--
