Proposed IRT Joint Statement with ALAC

[Baudouin SCHOMBE]

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>

> 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 <email%3Ab.schombe at gmail.com>
http://akimambo.unblog.fr
http://educticafrique.ning.com/
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