The government has ownership of the TDA data. They received ownership of the TDP data in 2009 via license. Basically thats what licensing is, its an extension of ownership rights from the original owner to the other party in the license to do something, the specifics of that ownership is spelled out in the licensing. Thus the U.S. Government (more specifically through the U.S. Army) has ownership of the TDA data.
Ownership as defined that they can give it to companies to COMPETE in contracts. That company MUST sign an NDA and CANNOT use it to build guns for the commercial market. They also HAVE TO PAY Colt a Royalty fee for the use of it.
So if you apply common sense to the above statement, why would a company that wins a contract have to pay COLT a royalty fee????????? Answer? The Govt doesn't own it. This is why the current contract with Remington got put back up for solicitation (as the Govt forgot about this fact).
There were two issues; The first I pointed out where I posted > "The complaint from Colt concerned how the Army evaluated bids so the GAO took a look and upheld Colts protest." - and the second where I posted > "Also at issue is royality payments. According to the now infamous 'M4 amendment" which expired in 2009 for the sole source contract portion, the US Army would have to pay 5% in royalties to Colt for every M4/M4A1 carbine produced and/or their unique parts (the auto fire related attributes items) procured from second sources for another 26 years – through December 24, 2037"
The first protest filed was because the royalty payment was never figured into Remington's bid. If they had, Colt would have beat them on price. The second protest filed was because the Govt NEVER agreed on the dollar amount for the royalty.
FN also had ownership rights of the TDP data and that ownership right was to produce and supply what they did/do.
Yes they can USE Colt's TDP to produce M16's for the Govt. No they cannot produce a commercial M16A2/A4. This is why you have NEVER seen a commercially available M16A2/A4. This is called a CLUE that they do not own the TDP.
It is not true the TDP is used to manufacture civilian available weapons, there is an email from Colt management (which I outlined in the other post) that specifically states the TDP is used for the military weapon only. I'm not even going to bother to go into the federal laws and rules dealing with government contracts which prohibit and/or make unlawful on so many levels what you claim about the TDP being used for civilian available weapons.
In Colt's case it is as it is their intellectual property and they have the rights to it so they can use it to produce commercially available M4's. if Colt did not control the TDP, how on EARTH would they be allowed to get the Govt to pay royalties??????????
This is why when you go to Colt, there is NOT two separate lines of parts. Or two separate lines of assembly. All the same. Clue.
If you doubt, simply pick up the phone and call Colt LE or Govt sales and ask them if they can use the TDP to produce commercially available firearms.
It is no "theory" or problem, its fact and what actually is, don't need you to shed light on anything. I'm not arguing with you, i'm simply stating fact that has been ignored and falsely misrepresented in an effort to disparge other manufacturers as inferior so as to sell Colts.
Everything you think you know about this subject comes from the errornet (wikipedia). You have NO inside contacts at ANY of the firearms manufacturers we are discussing. ZERO! So if anything you are trying to promote S&W (or any AR manufacturer) to the status Colt as you think that Colt cannot use the TDP to build their guns. This is false information and I am calling you on it.
C4
