Intellectual Property in Network Design

[Skeeve Stevens <skeeve+nanog () eintellegonetworks com>]

Hi all,

I have two perspectives I am trying to address with regard to network
design and intellectual property.

1) The business who does the design - what are their rights?

2) The customer who asked for the rights from a consultant

My personal thoughts are conflicting:

- You create networks with standard protocols, configurations, etc... so it
shouldn't be IP
- But you can design things in interesting ways, with experience, skill,
creativity.. maybe that should be IP?
- But artwork are created with colors, paintbrushes, canvas... but the
result is IP
- A photographer takes a photo - it is IP
- But how are 'how you do your Cisco/Juniper configs' possibly IP?
- If I design a network one way for a customer and they want 'IP', does
that mean I can't ever design a network like that again? What?

I've seen a few telcos say that they own the IP related to the network
design of their customers they deploy... which based on the above... feels
uncomfortable...

I'm really conflicted on this and wondering if anyone else has come across
this situation.  Perhaps any legal cases/precedent (note, I am not looking
for legal advice :)

If this email isn't appropriate for the list... sorry, and please feel free
to respond off-line.

...Skeeve

*Skeeve Stevens - Founder & Chief Network Architect*
eintellego Networks Pty Ltd
Email: skeeve () eintellegonetworks com ; Web: eintellegonetworks.com

Phone: 1300 239 038 ; Cell +61 (0)414 753 383 ; Skype: skeeve

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