Proposed protections for IOC/RC names
Mary.Wong at LAW.UNH.EDU
Mary.Wong at LAW.UNH.EDU
Thu Mar 1 00:13:35 CET 2012
Sometimes being a pest (meaning me, not KK!) pays (some) dividends -
the most recent responses to my querulous behavior on the Council list
would indicate that while the Drafting Team's Status Report will NOT be
put out for formal public comment (since it is a summary drafted by the
Chair rather than an official report from the whole DT), still (1) the
DT would like feedback now about its recommendations; and (2) the
finalized list of recommendations, which will be created after the
Friday call among the DT, the GAC and the GNSO Council, should be put
out for formal public comment, as is usually done with all GNSO working
group and other community reports.
This still means a very short time available for public comment before
the Costa Rica meeting, where the GNSO Council will be asked to vote on
the recommendations. As such, I still urge members who believe either
the status report and/or ultimately the final recommendations do not
represent community consensus or a sound approach to voice their
comments, initially through our DT and Council members and subsequently
during the formal public comment period.
Thanks and cheers
Mary
Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail: mary.wong at law.unh.eduPhone: 1-603-513-5143Webpage:
http://www.law.unh.edu/marywong/index.phpSelected writings available on
the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584
As of August 30, 2010, Franklin Pierce Law Center has affiliated with
the University of New Hampshire and is now known as the University of
New Hampshire School of Law. Please note that all email addresses have
changed and now follow the convention: firstname.lastname at law.unh.edu.
For more information on the University of New Hampshire School of Law,
please visit law.unh.edu
>>>
From:
Konstantinos Komaitis <k.komaitis at STRATH.AC.UK>
To:
<NCSG-DISCUSS at listserv.syr.edu>
Date:
2/29/2012 5:58 PM
Subject:
Re: [NCSG-Discuss] Proposed protections for IOC/RC names
Apologies for the cross posting of the email regarding the IO– long day
here :)
The issue of the public comment has been discussed and there was some
support. I will continue to insist on this for the simple reason that
this process has already been sidetracked in many other procedural
aspects. We need to maintain at the very least the opportunity of the
community to provide its feedback.
Thanks
KK
From: "Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>"
<Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>>
Reply-To: "Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>"
<Mary.Wong at LAW.UNH.EDU<mailto:Mary.Wong at LAW.UNH.EDU>>
Date: Wed, 29 Feb 2012 20:57:09 +0000
To:
"NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>"
<NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>>
Subject: Re: [NCSG-Discuss] Proposed protections for IOC/RC names
All, as you know, the Drafting Team (DT) on which Konstantinos, Joy and
a few other NCSG members participated has just released a Status Report
on its work, preparatory to the call tomorrow with interested members of
the GAC and GNSO Council.
As a Council member, I asked if the Report will be put out officially
for public comment, prior to the Council being asked to vote on it in
Costa Rica in a couple of weeks. Given the urgency of the issue and the
lack of time between now and then, there isn't likely to be a formal
public comment period. Instead, the time between now and the Costa Rica
meeting is being regarded as the "functional equivalent" of a formal
public comment period. It's possible that some fuss can be made about
the procedural inadequacy of this, or even about whether the Council
ought to vote, but even so, that's not likely to delay or change things
as they stand.
Given the level of interest amongst our members in the topic, and the
number of strong views that have been expressed, I would recommend that
individual members, and/or each Constituency, and/or the SG as a whole,
consider sending comments on the Report. I will find out if an ICANN
public comment email address can be set up quickly to receive these
comments.
I'm attaching the DT's Status Report to this post (if the listserv will
let me :)
Cheers
Mary
Mary W S Wong
Professor of Law
Director, Franklin Pierce Center for IP
Chair, Graduate IP Programs
UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAWTwo White StreetConcord, NH
03301USAEmail:
mary.wong at law.unh.eduPhone<mailto:mary.wong at law.unh.eduPhone>:
1-603-513-5143Webpage: http://www.law.unh.edu/marywong/index.phpSelected
writings available on the Social Science Research Network (SSRN) at:
http://ssrn.com/author=437584
As of August 30, 2010, Franklin Pierce Law Center has affiliated with
the University of New Hampshire and is now known as the University of
New Hampshire School of Law. Please note that all email addresses have
changed and now follow the convention:
firstname.lastname at law.unh.edu<mailto:firstname.lastname at law.unh.edu>.
For more information on the University of New Hampshire School of Law,
please visit law.unh.edu
>>>
From:
Konstantinos Komaitis
<k.komaitis at STRATH.AC.UK<mailto:k.komaitis at STRATH.AC.UK>>
To:
<NCSG-DISCUSS at listserv.syr.edu<mailto:NCSG-DISCUSS at listserv.syr.edu>>
Date:
2/26/2012 5:57 AM
Subject:
Re: [NCSG-Discuss] [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7
v. 2 WITH FREEZE ON LANGUAGE***
I would really hope so and this is certainly how this group started
operating. Now, of course, the DT is running out time and I am not sure.
I have sent a note to the DT with this question and get back to you
Cheers
KK
From: "Avri org>"
<avri at acm.org<mailto:avri at acm.org><mailto:avri at acm.org>>
Reply-To: "Avri org>"
<avri at acm.org<mailto:avri at acm.org><mailto:avri at acm.org>>
Date: Sat, 25 Feb 2012 23:21:35 +0000
To:
"NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU><mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>"
<NCSG-DISCUSS at LISTSERV.SYR.EDU<mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU><mailto:NCSG-DISCUSS at LISTSERV.SYR.EDU>>
Subject: Re: [NCSG-Discuss] [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT:
OPTION 7 v. 2 WITH FREEZE ON LANGUAGE***
hi,
A process question:
Will this stuff be going out for community comment before the g-council
presumes to vote on it?
avri
On 25 Feb 2012, at 05:51, Konstantinos Komaitis wrote:
Please see the email below, regarding what will be presented to the a
call that has been scheduled between this DT and the GNSO and members of
the GAC next week. This option appears to be receiving rough consensus,
despite all efforts. I am still to hear about the process regarding the
letter of non-objection which is crucial, and in particular whether the
IOC will be imposing fees when allowing another entity to use a similar
name!!!!! The Red Cross has said they will not.
Thanks
KK
From: Jeff Neuman
<Jeff.Neuman at neustar.us<mailto:Jeff.Neuman at neustar.us><mailto:Jeff.Neuman at neustar.us><mailto:Jeff.Neuman at neustar.us>>
Date: Sat, 25 Feb 2012 02:26:10 +0000
To:
"gnso-iocrc-dt at icann.org<mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org>"
<gnso-iocrc-dt at icann.org<mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org><mailto:gnso-iocrc-dt at icann.org>>
Subject: [gnso-iocrc-dt] *** FOR IMMEDIATE COMMENT: OPTION 7 v. 2 WITH
FREEZE ON LANGUAGE***
All,
In line with Steve’s suggestion, I am freezing the language on Option 7
as is with the suggested changes from Lanre and Greg. We could probably
word smith this forever. Please consider this the final version for
seeking input and for raising during the call with the GAC next week. In
the meantime, in addition to the status report, I will begin to draft
the straw man of options for the second level.
*******************************************************************
Option 7: Treat the terms set forth in Section 2.2.1.2.3 as “Modified
Reserved Names,” meaning:
a) The Modified Reserved Names are available as gTLD strings to
the International Olympic Committee (hereafter the “IOC”), International
Red Cross and Red Crescent Movement (hereafter “RCRC") and their
respective components as applicable.
b) Applied-for gTLD strings, other than those applied for by the
IOC or RCRC, are reviewed during the String Similarity review to
determine whether they are similar to these Modified Reserved Names. An
application for a gTLD string that is identified as too similar to a
Modified Reserved Name will not pass this initial review.
c) If an application fails to pass initial string similarity
review:
i. And the applied-for TLD
identically matches any of the Modified Reserved Names (e.g., ".Olympic"
or ".RedCross"), it cannot be registered by anyone other than the IOC or
the RCRC, as applicable.
ii. If the applied-for TLD is
not identical to any of the Modified Reserved Names, but fails initial
string similarity review with one of Modified Reserved Names, the
applicant may attempt to override the string similarity failure by:
1. Seeking a letter of non-objection from the IOC or the RCRC, as
applicable; or
2. If it cannot obtain a letter of non-objection, the applicant
must:
a. claim to have a legitimate interest in the string, and
demonstrate the basis for this claim; and
b. explain why it believes that the new TLD is not confusingly
similar to one of the protected strings and makes evident that it does
not refer to the IOC, RCRC or any Olympic or Red Cross Red Crescent
activity.
3. A determination in favor of the applicant under the above
provision (ii)(2) above would not preclude the IOC, RCRC or other
interested parties from bringing a legal rights objection or otherwise
contesting the determination.
4. The existence of a TLD that has received a letter of
non-objection by the IOC or RCRC pursuant to (ii)(1), or has been
approved pursuant to (ii)(2) shall not preclude the IOC or RCRC from
obtaining one of the applicable Modified Reserved Names in any round of
new gTLD applications.
Jeffrey J. Neuman
Neustar, Inc. / Vice President, Business Affairs
21575 Ridgetop Circle, Sterling, VA 20166
Office: +1.571.434.5772 Mobile: +1.202.549.5079 Fax: +1.703.738.7965
/
jeff.neuman at neustar.biz<mailto:jeff.neuman at neustar.biz><mailto:jeff.neuman at neustar.biz><mailto:jeff.neuman at neustar.biz>
/ www.neustar.biz<http://www.neustar.biz/>
________________________________
The information contained in this e-mail message is intended only for
the use of the recipient(s) named above and may contain confidential
and/or privileged information. If you are not the intended recipient you
have received this e-mail message in error and any review,
dissemination, distribution, or copying of this message is strictly
prohibited. If you have received this communication in error, please
notify us immediately and delete the original message.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://lists.ncuc.org/pipermail/ncuc-discuss/attachments/20120229/9311cc83/attachment.html>
More information about the Ncuc-discuss
mailing list