Re: [IFWP] Re: Hilights from today's hearing

[Diane Cabell]

Kerry Miller wrote:

>  > We should expect a
>  > long hard fought legal battle...coming soon. I do not understand how the
>  > folks at NTIA could have made this error (if, indeed, they did) since
>  > the DOC did not have the constitutional authority to transfer a database
>  > held in "public trust"  over to a private corporation.

Almost every *research* contract issued by the USG allows the contractor to
retain the intellectual property rights.  This is the essence of the circa 1981
Bayh-Dole Act.  IMHO, the question here is whether or not there are any IP
rights at all in the database itself.  Under US law, databases are not
protectible unless kept secret or arranged in some creative fashion.

Diane Cabell
http://www.mama-tech.com
Fausett, Gaeta & Lund, LLP
Boston, MA