French translation - IRT Joint Statement with ALAC- repost with attachment
Kathy Kleiman
Kathy at KATHYKLEIMAN.COM
Mon Jul 6 00:15:53 CEST 2009
repost with attachment.
> Hi Baudouin,
> At long last, I am so pleased to share with you a French translation
> of the Joint Statement on the IRT Report by ALAC and the NCUC --
> translated by Patrick Vende Walle of ALAC, one of the statement's
> co-writers along with me. Thank you for sharing it with different
> platforms and networks in the DR Congo and Central Africa.
>
> Please consider submitting comments in French to the IRT written
> comment email address -- irt-final-report at icann.org
> The deadline is this Monday, and even short comments in support of the
> NCUC/ALAC Joint Statement and its principles will make a difference!
>
> All, this is a side-by-side English/French translation in case you
> would like to see the Joint Statement again. Robin and Cheryl had the
> entire room's full attention when they presented it!
> Best,
> Kathy
>> Kathy,
>>
>> thanks to share this draft. It's very important and I wish if
>> possible to have a french version allowing me to share it among
>> different plat form and network in DR Congo and Central Africa by
>> national and sub regional mailing list.
>> I tried to do a substantial translation but I have fear to go
>> out understanding content.
>> congratulations for this work.
>>
>> Baudouin
>>
>> 2009/6/23 Kathy Kleiman <Kathy at kathykleiman.com
>> <mailto:Kathy at kathykleiman.com>>
>>
>> Hi All,
>> For discussion purposes a little later in our meeting today, here
>> is a DRAFT Joint Statement on the IRT Report between NCUC and ALAC.
>> It would be very nice if, at the Board Public Forum on Thursday,
>> we could go up together with ALAC to make a strong joint statement.
>> That would make the Board wake up! :-)
>>
>> Best,
>> Kathy
>> (below in text and attached in Word)
>>
>> DRAFT
>>
>> Joint Statement on the DIRT Report
>>
>> From ALAC and NCUC
>>
>>
>>
>>
>>
>> The At-Large Community, ALAC and the Non-Commercial Users
>> Constituency of ICANN strongly support the creation of new gTLDs.
>> Having said that, the process to move forward with changes to the
>> DAG Guidebook requires the legitimacy of full community
>> participation and full transparency.
>>
>> In the case of the IRT Report, we had neither transparency nor
>> openness. The IRT Report and its recommendations harm the
>> interests of domain name Registrants and Internet end users, and
>> consequently we must object to the vast bulk of its recommendations.
>>
>>
>> To be more specific:
>>
>> 1. The Globally Protected Marks List – the GPML database- is a
>> matter well beyond ICANN's scope and its core competence. It
>> presumes to be able to resolve an issue that even WIPO wrestles
>> with. Clearly the creation of the GPML, if even possible, would
>> cause enormous complexity. Instead of speeding up the process of
>> creating new gTLDs, it would introduce delays that would last for
>> years. But the creation of this list must take place outside of
>> ICANN.
>>
>> 2. The GPML takes no consideration of the actual limits of rights
>> and protections allowed to trademarks. In the real world,
>> trademark owners apply for a trademark in a specific class of
>> goods and services, and their use is bound to that class or
>> classes. By protecting a string of letters in all new gTLDs, the
>> GPML would extend trademarks into new gTLDs far beyond the bounds
>> of their class of goods and services, far beyond existing
>> national laws and internationatreaties.
>>
>>
>> 3. We have enormous problems with the Uniform Suspension Service
>> (URS). The URS mechanism subverts conventional UDRP practice as
>> it gives entirely insufficient time for notice to the registrant
>> of the pending dispute. Thus, the registrant is unfairly limited
>> in his/her right of response and the process is missing the
>> fundamental principle of due process.
>>
>>
>> [ Kathy Note: This paragraph below seems to be somewhat
>> controversial within ALAC. I think we will be dropping it. Don't
>> worry, we'll include the statement in our comments -- if you all
>> agree]
>> 4. ALAC and NCUC strongly object to the Thick Whois Registry. In
>> mandating such, the IRT Committee did not address any of the
>> privacy issues that arise from moving personal data from many
>> countries with data protection laws, perhaps, to a single country
>> without data protection. Does ICANN really want to be in a
>> position in which it may be violating national laws?
>>
>>
>> Overall, we wish the result were different. We wish the IRT had
>> delivered a reasonable proposal for the protection of trademarks.
>> But the product delivered is far outside the scope and core
>> competence of ICANN, and outside the bounds of trademark law.
>>
>> We can do better; we must do better before we move forward.
>>
>> Consequently, NCUC and ALAC stand before this forum together in
>> fundamental opposition to many of the IRT Results.
>>
>>
>>
>>
>>
>> Signed [for sharing a written cop y of a floor statement with the
>> Board]
>>
>>
>>
>> ALAC
>> NCUC
>>
>>
>>
>> __________________
>> __________________
>>
>> __________________
>> __________________
>>
>>
>>
>>
>>
>>
>>
>> --
>> SCHOMBE BAUDOUIN
>> COORDONNATEUR NATIONAL REPRONTIC
>> COORDONNATEUR SOUS REGIONAL ACSIS/AFRIQUE CENTRALE
>> MEMBRE FACILITATEUR GAID AFRIQUE
>> téléphone fixe: +243 1510 34 91
>> Téléphone mobile:+243998983491/+243999334571
>> email:b.schombe at gmail.com <mailto:email%3Ab.schombe at gmail.com>
>> http://akimambo.unblog.fr
>> http://educticafrique.ning.com/
>
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