Diane and Karl,
In the context of the Network Solutions Cooperative Agreement, the
creation of the whois database did not create a US government asset
nor was it intended to do so.
It wasn't intended for the primary (let alone "exclusive") benefit of
the government. Such benefit was merely incidental. it was intended
for the benefit of the U.S. Research and education community that the
NSF is chartered by Congress to serve. It absolutely is/was NOT a US
government obligation to provide Internet registration in the first
place. That's why a cooperative agreement, which is a "support"
(***not "research"***) award vehicle was selected.
>Karl Auerbach wrote:
>
> > Anyway, there are merits on both sides of the see-saw. (I still see the
> > balance as being that NSI was merely admistering a government database.
> > But its a balance that apparently others who were close to the situation
> > at the time of the formation of the Cooperative Agreement see otherwise.)
> >
> > --karl--
>
>Another interesting research issue is whether it was a government
>asset in the first
>place. It wasn't exclusively for the benefit of the government
>since plenty of
>non-governmental parties were also using it. Even if you take the
>approach that it
>was an administrative task, and not research, it isn't clear that
>the government ever
>had any obligation to perform the task in the first place.
>
>Diane Cabell
>http://www.mama-tech.com
>Fausett, Gaeta & Lund, LLP
>Boston, MA
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