Re: HR 2652

Brooks Constantine <bconstan[_at_]indiana.edu> wrote:
>
> I have been working on the database protection legislation and I can
> understand that it would bring about a lack of competition online
> but... I don't understand why or how HR 2652 would make life any
> different for Network Solutions the current owners of the .com,.org.,
> .edu databases. They own them now and will own them still if the
> bill were made into law.
>
> or no?

Whether NSI owns the databases would depend on the language of the agreement with NSF. Even if title were in Network Solutions, it is likely that the government would be entitled to use of or a copy of the material if creation of the database was part of NSI's function under the agreement. This is not clear under H.R. 2652.

Also, there are no fair use provisions in 2652, so the ability of other registries/other servers to access the NSI db (since such access necessarily involves copying) is also in question.

--
Diane Cabell, Esq.
http://www.mama-tech.com

Fausett, Gaeta & Lund, LL.P.
21 School Street, 3rd Floor
Boston, MA  02108  US
<cabell[_at_]mama-tech.com>