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Exploring the Unknown - NASA's History Office

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Patents<br />

Trade<br />

Secrets<br />

Liabilities<br />

International<br />

EXPLORING THE UNKNOWN 513<br />

Outer Space Treaty 1958 Space Act<br />

Article VIII<br />

• States have control<br />

• Ownership not affected by<br />

location<br />

Same as Patents<br />

Figure 20. Legal risk assessment<br />

Article VI<br />

• States have responsibility and<br />

control<br />

Article VII<br />

• Owners are liable for damages<br />

United States<br />

NASA owns funded development<br />

rights<br />

•Will grant conditional waivers<br />

Possible disclosure through<br />

safety-of-flight documentation<br />

No provision<br />

Patent Law<br />

Owners have<br />

exclusive rights<br />

• U.S. laws apply only<br />

to U.S. territory<br />

Common law applies<br />

Not applicable<br />

Recommended<br />

Action<br />

Congress extend U.S.<br />

territory to spacecraft<br />

(as for ships at sea)<br />

NASA permit safetyof-flight<br />

certification<br />

by commercial<br />

operator<br />

Government<br />

formulate licensing<br />

and liability<br />

regulations<br />

terrestrial solar cells for which <strong>the</strong> quality requirements are not as high as for integrated<br />

circuits. Although <strong>the</strong> projected material characteristics of solar cell silicon are not acceptable<br />

for integrated circuits, process improvements and new developments may occur at<br />

any time. Thus, a significant adjustment in market risk was made to account for <strong>the</strong> impact<br />

of ground processes competing for <strong>the</strong> same market segment.<br />

Essential to <strong>the</strong> financial success of <strong>the</strong> space manufacturing venture is <strong>the</strong> ability to<br />

charge a price which provides sufficient revenue for an adequate return on investment.<br />

For space-produced silicon this involves <strong>the</strong> establishment of a price higher than its material<br />

cost and at a level equivalent to <strong>the</strong> value of processing yield improvement benefits.<br />

An assessment of <strong>the</strong> cost trends of LSI devices identified that as device size increases,<br />

costs increase substantially. This is evidenced by <strong>the</strong> sharply higher cost for recently<br />

marketed devices such as a microprocessor as compared to <strong>the</strong> cost of a relatively simple<br />

baseline .38 cm x .38 cm calculator chip. Of greater significance is <strong>the</strong> increasing dependence<br />

upon processing yields to make ever larger LSI devices economically competitive.<br />

For future products such as computers-on-a-single chip and 64K Random Access<br />

Memories (RAMs), increased yields are critically important.<br />

It is highly probable that, as compared to value of <strong>the</strong> yield improvement benefits of<br />

<strong>the</strong> relatively small baseline calculator chip, a much higher value will be associated with<br />

<strong>the</strong> use of space-produced silicon for <strong>the</strong>se larger sized future products. Thus, a premium<br />

price can probably be charged to differentiate <strong>the</strong> space-produced silicon from groundmade<br />

material which cannot produce similar yield improvement values.<br />

Based on <strong>the</strong>se considerations, today’s probability of market success was subjectively<br />

determined to be four chances in ten. This market risk is expressed as today’s probability<br />

that space-produced silicon ribbon will capture 10% of <strong>the</strong> projected 1985 LSI material<br />

market. It is determined by multiplying <strong>the</strong> probabilities for each market risk factor<br />

toge<strong>the</strong>r at each of <strong>the</strong> four major milestones prior to project completion. This is depicted<br />

in Figure 21 where <strong>the</strong> early [15] 1977 risk evaluation is established at 0.38, and<br />

increases to 1.0 in 1990 at program completion when all market functions are complete<br />

and known.

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