NSI's defense seems to be that the WHOIS data is 'intellectual property'.
>NSI argues that it has an exclusive right to the database because >the company's original agreement with the National Science >Foundation specified that it would own any "intellectual >property" created by the address-registration business. "It's very >clear that we have the rights to this data,"
I guess my concept of intellectual property is flawed. I always think of it as an idea or invention or some other unique creation. Ok, their process, code, etc for accumulating this data and the way it is stored and communicated seem like obvious intellectual property, but this just seems like this is public information that they want to hold hostage?
My basis for this line of thinking comes from my own experience at work. We run a data processing service bureau, with some in-house applications that our clients use to run their business. Our system is proprietary and we guard our 'intellectual property' jealously. But, the data belongs to the client, who created it. We won't disclose interals of how we collect, store and distribute the data, but we have no ownership of the data and we are obligated to allow the customer access in any way they want (granted, we may charge a fee to deliver it in a way which is not already supported).
So, it appears to me that the public who is NSI's collective customer 'owns' the information in WHOIS. Do they have a legitimate legal claim of intellectual property?
Slashdot Mirror
NSI's defense seems to be that the WHOIS data is 'intellectual property'.
>NSI argues that it has an exclusive right to the database because
>the company's original agreement with the National Science
>Foundation specified that it would own any "intellectual
>property" created by the address-registration business. "It's very
>clear that we have the rights to this data,"
I guess my concept of intellectual property is flawed. I always think of it as an idea or invention or some other unique creation. Ok, their process, code, etc for accumulating this data and the way it is stored and communicated seem like obvious intellectual property, but this just seems like this is public information that they want to hold hostage?
My basis for this line of thinking comes from my own experience at work. We run a data processing service bureau, with some in-house applications that our clients use to run their business. Our system is proprietary and we guard our 'intellectual property' jealously. But, the data belongs to the client, who created it. We won't disclose interals of how we collect, store and distribute the data, but we have no ownership of the data and we are obligated to allow the customer access in any way they want (granted, we may charge a fee to deliver it in a way which is not already supported).
So, it appears to me that the public who is NSI's collective customer 'owns' the information in WHOIS. Do they have a legitimate legal claim of intellectual property?