[bc-gnso] RE: DRAFT FOR REVIEW: BC comment on ACDR's proposal to serve as a UDRP provider

[Anders Halvorsen <ahalvorsen@xxxxxxxxx>]

Dear All,

WITSA prefers that the draft comments not be issued today as we feel they are 
unnecessarily negative. Talal Abu-Ghazaleh is very well respected in the region 
and even globally, and it seem clear that ACDR is fully compliant with all UDRP 
aspects and requirements. As referenced in Mr. Lattouf's message below, over 
100 IDN gTLDs will be introduced shortly (including several in Arabic script), 
so we feel this application is timely. Rather than holding back this 
application, we would prefer to take Mr. Lattouf's suggestion to hold a 
conference call to discuss any outstanding questions - if there are sufficient 
concerns. We would also like to express our support for Marilyn's draft, which 
calls for a future process for standards without blocking the approval of this 
provider.

Best regards,
Anders

Anders Halvorsen
Vice President, Administration

World Information Technology and Services Alliance (WITSA)
                 "Fulfilling the Promise of the Digital Age"

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WITSA
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From: owner-bc-gnso@xxxxxxxxx [mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of 
Mahmoud Lattouf
Sent: Friday, March 22, 2013 4:32 PM
To: bc - GNSO list
Cc: Steve DelBianco
Subject: [bc-gnso] RE: DRAFT FOR REVIEW: BC comment on ACDR's proposal to serve 
as a UDRP provider


Dear All,

We are a member of the BC and the IPC.

Our  application for a UDRP provider is of course, separate from that 
membership.
However, we have been working in the ICANN processes for UDRP providers to 
fulfill all requirements, and perhaps that is not as visible to BC members as 
needed. The application process is a separate process, after all. and 
independent of any influence of any group. We support that independence of 
ICANN but also understand that users, such as the IPC and BC members have 
questions.

As we are BC members, I would like to offer a discussion opportunity to answer 
any outstanding questions. We have indicated our support for a retroactive 
'standard' and volunteered to collaborate with others toward that goal. I 
believe that another member of the BC from Latin America also supported that 
approach.

We do not support the BC providing comments at this time, except for calling 
for a process to develop standards, which can be retroactively applied.
We propose that the BC comments should be limited to calling for such a process.

Shortly, over 100 IDN gTLDs will be introduced, including several in Arabic 
script. As an applicant for UDRP services, with a standing in both the BC and 
the IPC, we are fully committed to IP protection.   It was disappointing to us 
to read the BC Draft statement that questioned the application statements.  All 
UDRP providers are in fact limited in their ability to ignore IP case law.  The 
BC document ignored the realities.

The BC draft seemed not to fully appreciate UDRP requirements. I want to assure 
all BC members that the application and the intent of the ACDR is fully 
compliant with all UDRP aspects and requirements. The reality is that bringing 
in an Arab provider as several Arabic script gTLDs are introduced will ensure 
balanced UDRP decisions, with full respect for IP.

As I saw from another BC member from Latin America, providers of such services 
are essential -- as new gTLDs enter the field.

If the BC members are open, I am happy to organize a discussion conference call.

In the meantime, I do not support the BC statement, which lacks full 
information  and did  not in fact, ask us for a discussion to clarify any 
concerns.

Best Regards,
Mahmoud A. Lattouf
Executive Director - AGIP Offices
Abu-Ghazaleh Intellectual Property
Member of Talal Abu-Ghazaleh Organization
Tel.: +962 6 5100 900 ext. 1623
Fax: +962 6 5100 901
Email: mlattouf@xxxxxxxx<mailto:mlattouf@xxxxxxxx>
URL: www.agip.com<http://www.agip.com/>
TAGORG.com The Global organization for professional, business, intellectual 
property, education, culture and capacity building services.
We work hard to stay first

From: owner-bc-gnso@xxxxxxxxx<mailto:owner-bc-gnso@xxxxxxxxx> 
[mailto:owner-bc-gnso@xxxxxxxxx] On Behalf Of Steve DelBianco
Sent: 21 March, 2013 04:56
To: bc - GNSO list
Subject: [bc-gnso] DRAFT FOR REVIEW: BC comment on ACDR's proposal to serve as 
a UDRP provider

Attached is a draft comment from the BC regarding ICANN's call for comments on 
ACDR's proposal to serve as a UDRP provider 
(link<http://www.icann.org/en/news/public-comment/acdr-proposal-01mar13-en.htm>).
   The initial comment period ends 22-Mar and reply comments close 13-Apr.  
(UDRP is the Uniform Domain Name Dispute Resolution Policy)

Note: ACDR is the Arab Center for Domain Name Dispute Resolution, and is 
affiliated with BC Member Talal Abu-Ghazaleh.

Phil Corwin volunteered as rapporteur for these comments.

As mentioned on our member call last week, this draft does not propose any 
changes to previous BC positions.   Instead, the attached comment repeats the 
BC position expressed twice before:

2011:  BC comments on Preliminary Issue Report on current state of the UDRP 
(link<http://www.bizconst.org/Positions-Statements/BC_on_UDRP_Issues_Report_July_2011.pdf>)

2010:  Business Constituency comment on recognizing new UDRP providers 
(link<http://forum.icann.org/lists/acdr-proposal/msg00004.html>)
The 2010 BC position on ACDR's initial application was that the BC could not 
support any accreditation of additional UDRP providers until ICANN developed a 
standard and enforceable mechanism to assure  uniformity in UDRP 
administration. BC members should note that non-support is distinct from 
outright opposition.

We are taking comments on this draft until midnight 21-Mar with plan to submit 
on 22-Mar.  In my view, there is no requirement for formal voting since the BC 
is not taking any new positions in this draft.

However, if 10% of BC membership objects or proposes changes to the prior 
positions expressed here, we'll hold a call to consider changing the present BC 
position.  We have until 13-Apr to debate and develop a new position, if it 
comes to that.  Keep in mind that any vote to change positions would require a 
majority vote of BC members.   (per Charter section 7.3)

--
Steve DelBianco
Vice chair for policy coordination
Business Constituency