Food for thought, was Re: [AfrICANN-discuss] Internet regulation at national level?

Dr Eberhard Lisse el at lisse.NA
Thu Nov 1 10:25:49 SAST 2012


I am not sure you are right here.

Generally speaking a database is Intellectual Property (as a
compilation) unless there is a /sui generis/ right as for example in
the EU. Whether it is "public" or "internal" doesn't really matter.

And it is not the names or numbers themselves which constitute the
IP but the *compilation* (thereof), presumably because of the effort
involved assembling it ("Sweat of the Brow" doctrine, which is used in
the Commonwealth but not the US, for example).

It might also matter significantly where the IP (database) is
physically located, not just where AfriNIC is registered...

As any database has a value a non-profit can usually not just
alienate it (to the public) as there are fiduciary responsibilities
involved.  Usually the disposal of assets is regulated by the
articles of incorporation or something similar.  At the very least a
formal Board resolution might be required...

Have the Directors considered these three issues (What, Where,
Alienation)?  And if so, have you taken legal advice in this regards?


on 2012-11-01 09:57 Adiel Akplogan said the following:
> AFRINIC is legally registered only in Mauritius hence operates
> legally under Mauritius Law.  We have hosting agreement with
> datacenters in ZA where we host copy of some of our public
> services only.
> Now as part of our role of RIR we maintain a public WHOIS database
> which contains public IP registration data owned by own by people
> who created them.  So these public data in the WHOIS belong to
> AFRINIC's community.

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