Proposed IRT Joint Statement with ALAC

[Baudouin SCHOMBE]

Kathy and all,

thank for your collaboration and I will do my best to share all important
information with our local, national and sub regional members

Baudouin

2009/6/26 Kathy Kleiman <Kathy at kathykleiman.com>

> Dear Baudouin,
> Patrick of ALAC has graciously agreed to translate the Joint Statement, and
> will try to do so on the flight home.
> I'll circulate it when he shares them with us.
>
> All, thanks for the support, encouragement and complements. They mean a
> lot!!
> Kathy
>
>
>
> Dear Baudouin,
> One of the drafters of the Joint Statement is French. Let me talk to him
> and see if he will translate.
> Tx for distributing!
> 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>
>
>> 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/
>
>
>
>


-- 
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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