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From:
Charmaine Brooks <[log in to unmask]>
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Date:
Wed, 28 Dec 2005 08:26:36 -0800
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This thread brings up an interesting question about terminology - the meaning of the word "owner" as in record owner and ownership. 
   
  With Commercial Off The Shelf (COTS) software, the ownership of the software, the code, resides with the vendor as intellectual property. The buyer aquires the rights to use the software per the license agreement or contract.
   
  If the COTS is customized the ownership of the custom code is detirmined, again, by the contract. It can be owned by the vendor, by the purchaser, or may invalidate the original license if not authorized by the vendor.
   
  If the code is written by a third party for an organization the agreement or contract should specifically state who owns the code, individually or jointly.
   
  Employees generally fall under the works for hire clause and all work they do while employeed belong to the organization. Unless an agreement or contract states otherwise.
   
  Ownership of the data or information with in the software is owned by the organization, as with any information, data or record created or recieved by it.
   
  The record owner, in the context of records management, is to identify who has responsibility for the records as defined by the organization's policies and procedures.
   
  Charmaine Brooks, CRM

"Jones, Virginia" <[log in to unmask]> wrote:
  corporation, and is not owned by IT per se.>

That's true of all the records, data, applications, and infrastructure.
Determining "ownership" for retention purposes is a means of determining
responsibility for the information - either managing it or
entering/creating valid data. For instance, IT would be responsible for
application software, configuration, access rights, programming (where
needed), code (where IT has written it) and licenses. The business
"owner" would be responsible for the accuracy of the data entered and
the validity of the transaction data history - i.e. the transaction
"record."

Ginny Jones
(Virginia A. Jones, CRM, FAI)
Records Manager
Information Technology Division
Newport News Dept. of Public Utilities
Newport News, VA
[log in to unmask]

-----Original Message-----
From: Records Management Program [mailto:[log in to unmask]] On
Behalf Of Gerard J. Nicol
Sent: Wednesday, December 28, 2005 12:16 AM
To: [log in to unmask]
Subject: Re: IT Records

Rick,

It is difficult to class executable code as data given that you may or
may
not have the source.

Executable code never strictly belongs to IT, in the case of operating
system code it is used under license from the owner who is usually a
software company.

In the case of "home grown" code, this is usually the property of the
corporation, and is not owned by IT per se.

This would also be the case for any wrapper applications such as JCL or
shell scripts.

IT will manage the items it either owns or manages via Change Control
tools
such as CA-Endevor and Change Management tools such as Solve.

Gerard

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