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Pages 17-19

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From page 17...
... 17 It should be noted that "UCITA's definitions of ‘information' and ‘informational rights' include content traditionally governed by copyright law and other intellectual property regimes as well as content, notably factual compilations, [that are] explicitly excluded from copyright protection under current law."207 UCITA "covers much, but not all, of the same subject matter as copyright, as well as subject matter specifically denied copyright protection."208 UCITA allows contractual protection of public domain information, notably compilations of facts, and allows providers to control all uses of information.
From page 18...
... 18 agreement,220 and an agency's right to retain data from programs and any derivative work.221 Likewise, when relevant, a contract should state whether a vendor is entitled to retain and market a transit agency's data after contract termination. Appendix D is a detailed checklist of clauses to consider with citations to specific provisions of technology agreements provided by transit agencies responding to the survey.
From page 19...
... 19 (RFI) and/or an RFP may be used to obtain information or guidance from interested licensors or vendors.234 In New York, an RFI may be sent to potential bidders to "elicit responses that would enable the agency to write specifications to provide the agency with the best solution."235 An RFP may be used to explain the requirements for the software or services that an agency wants to acquire.236 In New York, a request for comment may be used "to solicit input from all potential bidders about a solicitation's structure and language to assess its impact on potential bidders.… An agency may submit a Draft RFP to all potential bidders for remarks/ comments prior to issuance."237 Twenty-eight transit agencies responding to the survey stated that they used various methods to obtain information for the preparation of specifications.238 The agencies said that they used contractors or consultants,239 "expos" and trade exhibits,240 RFIs,241 site visits and/or RFIs from other transit agencies,242 vendors,243 and other forms of research, including the Internet.244 Another approach is to have the writing of specifications as a deliverable.245 Thirteen transit agencies reported that they had issued a separate contract for the preparation of specifications for their technology acquisitions.246 E

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