F-16 Flight Manual: public domain or not?

[herbaled]

Hey everyone,

Currently I am working on my research for my master thesis. The performance data in the F-16 supplemental flight manual would be very useful for my research, so I would like to use it. However, the flight manual of the F-16 is governed by ITAR.
For me to be allowed to use this document it needs to be in the public domain.

Now here is my question:

If you look at 120.11 which defines public domain for ITAR, there are some interesting aspects.
§120.11(a)(1) states that if you can acquire the document through sale at a bookstore the document is in the public domain. There are a number of websites that sell the flight manual (and supplements) for a couple of versions of the F-16. Does this classify the document as public domain?

https://www.law.cornell.edu/cfr/text/22/120.11

§ 120.11 Public domain.
(a) Public domain means information which is published and which is generally accessible or available to the public:
(1) Through sales at newsstands and bookstores;
(2) Through subscriptions which are available without restriction to any individual who desires to obtain or purchase the published information;
(3) Through second class mailing privileges granted by the U.S. Government;
(4) At libraries open to the public or from which the public can obtain documents;
(5) Through patents available at any patent office;
(6) Through unlimited distribution at a conference, meeting, seminar, trade show or exhibition, generally accessible to the public, in the United States;
(7) Through public release (i.e., unlimited distribution) in any form (e.g., not necessarily in published form) after approval by the cognizant U.S. government department or agency (see also § 125.4(b)(13) of this subchapter);
(8) Through fundamental research in science and engineering at accredited institutions of higher learning in the U.S. where the resulting information is ordinarily published and shared broadly in the scientific community. Fundamental research is defined to mean basic and applied research in science and engineering where the resulting information is ordinarily published and shared broadly within the scientific community, as distinguished from research the results of which are restricted for proprietary reasons or specific U.S. Government access and dissemination controls. University research will not be considered fundamental research if:
(i) The University or its researchers accept other restrictions on publication of scientific and technical information resulting from the project or activity, or
(ii) The research is funded by the U.S. Government and specific access and dissemination controls protecting information resulting from the research are applicable.
(b) [Resrved]

[basher54321]

Open to interpretation as everything really.

You are basically dealing with information that has been leaked into the public domain which should never have been so not really the same as selling a book from Rowling! very clear where it stands morally but legally less so.


Okay online bookstore you say - one of these that sells photocopies of old manuals basically in paper or PDF form. Some of these only sell to people in the US.

There is one here that states:

All military flight manuals have been de-classified and are in the public domain.

Now they could be be naive however as their site states authors do use manual information in legitimate published books these days which is correct.

Unless there is a lawyer who happens to float by that specialises in this thing not sure you are going to get anything definitive from here. Might be worth contacting the place you are looking to acquire from and ask them what legal grounds they have for selling these (who holds the IP??) and they should be able to point you specifically to what covers them assuming there is something .

[Gums]

Salute!

Quite a few sources for the manuals and I have seen E-M diagrams as well.

Over on the F-35 forums we have links to several sources of flight manuals.

The really sensitive stuff is related to the avionics and computer.

Gums sends...

[raafy111]

@Gums

New user here! Would you be able to direct me to those sources?