[NCSG-Discuss] ICANN is bottom-up, except for when it is top-down. Fwd: Memorandum on the Trademark Clearinghouse ³Strawman Solution²

[Nicolas]

On 2013-03-22 11:44, Evan Leibovitch wrote:
> (...)
>
> So, while you may vociferously object to it, you may want to consider 
> that what is considered ham-handed Staff intervention by some might be 
> considered by others that finally someone -- even occasionally and 
> partially -- is asserting the interests of non-domain-owning end-users.

>
> As Alan Greenberg noted in his analysis of the staff action on the 
> TMCH Strawman proposals.
>
> /Although the outcomes were not exactly as the ALAC advised (in terms 
> of what required policy development), all of the IP protections that 
> ICANN will be moving ahead with were supported by the ALAC, and the 
> one additional protection that the ALAC explicitly did not support 
> will not be implemented./
>
>

Pardon me but I was thinking that non-domain-owning end-users (just like 
domain-owning *civil society* end-users) interests' were, in a 
non-trivial part, about protecting speech from periodic assault by 
expansion of trademark protection. It is, also -- conveniently since it 
implies pretty much the same positions on policy areas -- their 
interests to ensure that domain names market stays innovative and 
competitive and isn't slowed to a crawl or captured by policy tools that 
restrict the coming into existence of some names that would effectively 
challenge what would otherwise be appropriation of languages memes (see 
our closed generic debate, and Avri's cleverer names variations than 
mine on just this point).

I take it that ALAC did not find anything to complain about with regard 
strawman's point 4 (the 50 variations) and nothing either about the 
"added criminal liability" policy modifications that are an added burden 
on innocent prospective domain name registrant from, say, civil society. 
I take it you objected to the blocking proposal.

So, as a -- as of now but may change in the future -- non-domain-owning 
end-user, member of a civil society (which I largely take to be ALAC's 
clientele, forgive my mistake in advance if that is not the case), I 
should feel that my interests were well asserted in this matter and 
should be glad of ALAC's work ? I would more readily fire you (vote you 
out) as incapable of coming to grasp with what my interest are, let 
alone asserting them, then i would feel represented or asserted in this 
matter.

Nicolas


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