Thanks for the discussion on this issue.
Yes, Vern, I do fully understand the "modify" section of the DFARS whether it is unlimited, GPR, or limited rights data. From this thread, I'm thinking there's a conflict [maybe?] between what the DFARS states we can do with the data that is delivered to the DoD and what is stated in the contract we have delivered to us from a contractor. Sure, we can modify it, but within the contract the DoD has with that contractor, there are contractual provisions in place to preclude us from modifying their design as delivered to us without their knowledge and then having two different configurations with the same CAGE code and part number in the supply system. Normally, these provisions are found in the ASME Y14.100 provisions we have invoked in our contracts as to the real ownership of the data.
We, the DoD, do not own the delivered technical data in question - we just have a license right to it. Yes, Vern, I will listen to the IP attorneys and follow their advice, but I just wonder what a contractor delivering their technical data to the DoD and then us changing it without their knowledge. I think Jacques - his post, has what I'm thinking about on this. However, if there are any DoD contractor [private companies] IP attorney's out there, I wonder what their view is on this subject? This is interesting to me. Anyone?