Date: Wed, 2 Sep 1998 18:57:57 -0700 (PDT) From: Patrick Greenwell <patrick@namesecure.com> To: Tim Salo <salo@networkcs.com> cc: nanog@merit.edu Subject: Re: Director Database Marketing (Herndon VA US) (http://www.saic.com/career/jobs/c5

On Wed, 2 Sep 1998, Tim Salo wrote:

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Did the idiots at SAIC forget that they don't *own* the domain information again?

And, what makes you think that NSI doesn't have intellectual property rights to the whois database. Again, please frame your answer in the context of the applicable Federal law and regulations, probably the FARs and the contract or cooperative agreement between NSI and the NSF.

And, even if NSI doesn't "own" rights (either copyright or trade secret) to the whois database, what makes you think that NSI must provide the database to anyone else? And, if NSI is obligated to provide the database to another party, (e.g., the U.S. Government), what makes you think that that party is permitted or obligated to provide it to another party?

I don't know that the answers are to these questions, but I haven't met anyone who I thought had a clue either.

Take a look at http://www.cavebear.com/nsf-dns/ for some answers (or more questions depending on your POV.)

Note that Karl's document: o Is focused on whether the whois database is within the purview of the Privacy Act of 1974, but doesn't directly address the ownership of the whois database; o Doesn't discuss the relevance of the FARs, which explicitly talk about the ownership rights of government contractors; and o Says that the NSF asserts that NSI owns the whois database. -tjs