Re: NetSol power grab begins in earnest

On 07/07/97, James Packard Love <love[_at_]cptech.org> wrote:
>
> Pretty interesting sui generis database issue.
>
> ---------- Forwarded message ----------
> Date: Mon, 7 Jul 1997 11:47:22 -0400
> From: Steve Peterson <stevep[_at_]visi.com>
> To: Multiple recipients of list <com-priv[_at_]lists.psi.com>
> Subject: NetSol power grab begins in earnest
>
> Not sure whether anyone has seen this yet, but in Network Solutions' S-1
> registration (at
> ftp://www.sec.gov/edgar/data/1030341/0000950133-97-002418.txt ) they
> assert ownership of the domain name database. To quote:
>
> > The Company has compiled a database of information relating to
> > customers in its registration business. While a portion of this
> > database is available to the public, the Company believes that it
> ^^^^^^^^ ^^^^ ^^
> > has ownership rights in this database and is seeking to protect such
> ^^^ ^^^^^^^^^ ^^^^^^ ^^ ^^^^ ^^^^^^^^
> > rights. If it were determined that the Company does not have ownership
> > rights in this database or if the Company is unable to protect such
> > rights in this database or is required to share the database with its
> > potential competitors, any such development would have a material
> > adverse effect on the Company's business, financial condition and
> > results of operations.
>
> It's a scary thing if they make this stick. Sounds like West Publishing
> all over again. And the recent message from David Holtzman implies that
> they believe they can control who gets copies of the zone files and who
> doesn't. Who knows where this will lead?
>
> What would prevent IANA from requesting today that the complete database
> be published on the web?

The database existed *before* NSI assumed its five-year responsibility; NSI did not originate the database.

Virtually every character of the database was authored by the various domain name owners whose domain names are listed in the database. NSI's contribution was ... sounds familiar? ... to alphabetize it.

So much for copyright rights. How about trade secret rights? Well, the entirety of the database is online. And many, many parties have downloaded the entirety of the database and have copies of it. See, for example, the Thomson & Thomson domain name database, which is simply the entirety of the NSI database. Junk mailers have downloaded the entirety of the database.

As for who gets to use the NSI database, see <http://rs.internic.net/nsf/agreement/agreement.html> which is the five-year contract according to which NSI administers the database. Note that under the contract, there is an explicit provision regarding a "final report":

        E. Final Report

        [NSI] shall submit electronically and in ten hard (10) 
        copies a final report to NSF at the conclusion of the 
        Cooperative Agreement. The final report shall contain
        a description of all work performed and problems 
        encountered (and if requested a copy and documentation 
        of any and all software and data generated) in such form
        and sufficient detail as to permit replication of the 
        work by a reasonably knowledgeable party or organization. 

If NSF writes this letter (which, among those who have been following this issue, has been called The Letter) then NSI has to hand over the database so that a successor registrar can take over.

So one of the big questions is, will NSF write The Letter? Thus far, NSF hasn't said if it will.

Carl Oppedahl
<carl[_at_]oppedahl.com> Received on Tue Jul 08 1997 - 12:50:37 GMT