[Fwd: robin, one question for new gTLD introduction]

[Chun Eung Hwi]

Dear Robin Gross,


Thanks!

Then, why are you pointing at September version document of new gTLD 
introduction? NCUC position document contains the recently updated 
November version URL. 
http://gnso.icann.org/drafts/GNSO-PDP-Dec05-FR-14Nov06.pdf

Two version's languages are slightly different. 
At least, I confirmed that 2.5.2.1 sentence had changed.
Then,is that Nov. version finally updated one?

I have discovered the potential danger of that document language in the
midst of GNSO IDN discussion. I fully agree to the idea of NCUC new 
release on this topic, and I will inform that issue in my country. And I 
think some additional problems regarding IDN TLD should be addressed 
together.


best regards,

Chun  



On Thu, 15 Feb 2007, Robin Gross wrote:


> As for an update on the new gTLD policy development process, its a
> critical time.
> 
> Some members of the task force and policy council will meet in LA next
> week to discuss the draft final report on the policy recommendations for
> the introduction of new generic top level domains (gTLDs).
> (Unfortunately I won't be able to attend the LA meetings because I was
> already ticketed to be in Bangalore on those dates). The new gTLD policy
> is one of several issues that will be discussed at the LA meetings.
> 
> I am currently drafting some "alternative language" that can be
> introduced at this meeting to try to reform the existing draft
> recommendations that are so restrictive of speech and are modeled on an
> ancient trademark treaty.
> 
> It is very possible that the GNSO Council will vote on the draft report
> (& the alternative language) at the late March Lisbon Board meeting. So
> we don't have a lot of time to garner support for reforming the
> recommendations. But the current draft is so repugnantly censorious and
> burdensome for ICANN that most are opposed to it - once they actually
> hear what it proposes. So we as a constituency have to do a lot of
> education and awareness raising on this issue. And I'm searching for
> more volunteers to work on this policy development process. The
> consequences of this policy are enormous for freedom of expression on
> the Internet, so I'm a little puzzled why more haven't volunteered to
> work on this issue yet. But now would be a most welcome time also.
> 
> One idea is that the NCUC could issue a press release on the issue and
> we could each work in our own corners of the globe to publicize the
> issue with the press release and other efforts. What do others think? We
> also need to emphasize that the GAC principles are not nearly as
> restrictive as the draft recommendations, so arguments that "we have to
> do this because the GAC wants it," simply aren't true.
> 
> Here is more background:
> 
> This is the website for the new gTLD policy development issue at ICANN:
> http://gnso.icann.org/issues/new-gtlds/
> 
> This is the draft policy that we want to change:
> *WORKING DOCUMENT: DRAFT GNSO Recommendation Summary - Introduction of
> New Generic Top-Level Domains
> <http://gnso.icann.org/issues/new-gtlds/recom-summary-14sep06.htm>* (14
> September 2006)
> http://gnso.icann.org/issues/new-gtlds/recom-summary-14sep06.htm
> 
> This is NCUC's position on the policy:
> http://www.ipjustice.org/ICANN/NCUC_Comments_on_New_gTLDs.pdf
> 
> another NCUC paper on the policy:
> http://gnso.icann.org/issues/new-gtlds/ncuc-01feb06.pdf
> 
> Thanks! I look forward to hearing what other NCUC'ers think we should
> do. And if anyone is willing to donate some energy to this issue in the
> coming months, please let me know.
> 
> Best,
> Robin
> 
> 
> 
> -------- Original Message --------
> Subject: 	robin, one question for new gTLD introduction
> Date: 	Thu, 8 Feb 2007 18:42:36 +0900
> From: 	Chun Eung Hwi <ehchun at gmail.com>
> Reply-To: 	chun at peacenet.or.kr
> To: 	robin at ipjustice.org
> CC: 	Mawaki Chango <ki_chango at yahoo.com>
> 
> 
> 
> Dear Robin Gross,
> Hell, I have met you last year at WIPO development agenda meeting place,
> Geneva.
> Do you remember me? 8-)
> Although usually a silent observer in ncuc list, I want to ask you one
> question on new gTLD.
> Today, in GNSO IDN WG list, there was the following attached posting.
> As you know, Mike Rodenbaugh's argument can be justified in GNSO draft
> final report on new gTLD introduction. And I know you had already
> submitted very beautiful NCUC position statement on that document. I
> express my great thanks to you for that nice job here again.
> Then, now where is that document? What's the status of that draft
> document at present? What is the timeline for that? Is there any more
> chance to modify that document? As NCUC, do we have any other means to
> intervene with this issue except for just waiting for what will happen?
> If possible, please reply to NCUC list. Now, I cannot access to my
> subscribed account, and so using different email account.
> 
> 
> ---------- Forwarded message ----------
> From: *Mike Rodenbaugh* <mxr at yahoo-inc.com <mailto:mxr at yahoo-inc.com>>
> Date: 2007. 2. 8 오전 11:37
> Subject: RE: [gnso-idn-wg] Comments on notes of 30 Jan
> To: gnso-idn-wg at icann.org <mailto:gnso-idn-wg at icann.org>
> 
> There is no question, legally speaking, that trademark rights do give
> rights to domain strings. The ICANN community seems to have reached
> consensus as to that reality long ago, via adoption of sunrise
> provisions as to strings that are identical to trademarks. Regardless,
> UDRP and court decisions have held that passive registration of a
> domain, preventing use by the trademark owner, can amount to bad faith
> registration and trademark infringement.
> 
> Furthermore, trademark owners can preclude the use of non-identical
> strings when such use is likely to confuse consumers. Thousands of UDRP
> decisions have found bad faith as to strings not identical to the
> trademark in question.
> 
> Typographical vs. Visual Confusion:
> 
> It is only the end user perception that is relevant to the trademark
> analysis, not the underlying punycode rendering. Yet, again there is no
> question that trademark rights not only trump use of marks that "appear"
> confusingly similar to the trademark, but also marks that "sound"
> confusingly similar (Yahoo!, Yahu, Yahoux, Yawho) and marks that have
> the same "meaning" (Yahoo! Mail and Yahoo! Correo (Spanish) are legally
> equivalent for purposes of TM analysis).
> 
> I appreciate Mawaki forwarding the string about 'typographical'
> similarity and think that can be a useful distinction as opposed to
> overall 'confusing similarity' which must also include the other two
> types. I agree with Avri and others that it may be harder for a
> registry to make discretionary decisions about phonetic similarity and
> equivalence of 'meaning' than about typo similarity.
> 
> However, businesses are concerned about all confusing similarities with
> respect to their trademarks, since the law protects against all
> confusing similarity in order to protect consumers. And the registry is
> profiting from trademark infringement in any case of confusing
> similarity. Therefore our policy work ought to consider all types, but
> I think these issues may be better left to the new WG formed to address
> IP protections in new TLDs.
> 
> Mike Rodenbaugh
> Sr. Legal Director
> Yahoo! Inc.
> 
> -----Original Message-----
> From: owner-gnso-idn-wg at icann.org <mailto:owner-gnso-idn-wg at icann.org>
> [mailto: owner-gnso-idn-wg at icann.org <mailto:owner-gnso-idn-wg at icann.org>]
> On Behalf Of Avri Doria
> Sent: Tuesday, February 06, 2007 1:18 PM
> To: gnso-idn-wg at icann.org <mailto:gnso-idn-wg at icann.org>
> Subject: [gnso-idn-wg] Comments on notes of 30 Jan
> 
> 
> 
> hi,
> 
> Re:
> 
> > 5.2 Support for a country's rights to define strings for the
> > country name. Alternative view; to also accept a country's
> > responsibility/right to approve any gTLD strings featuring its
> > particular script, if unique for that country. Alternative view; to
> > also acknowledge a country's right to influence the definitions/
> > tables of its scripts/languages. Alternative view; to require a
> > country's support for a gTLD string in "its" script, in analogy
> > with the issue of geo-political names. Ancillary view: recognition
> > that countries' rights are limited to their respective jurisdictions.
> 
> 
> I am pretty sure I expressed the view that no such right existed and
> that ICANN defining any such right was inappropriate.
> 
> a.
> 
> 
> 
> 
> 
> 
> 

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Chun Eung Hwi
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