[gnso-igo-ingo] MP3 IGO-INGO Protections Policy Development Process (PDP) Working Group - 06 February 2013

[Julia Charvolen <julia.charvolen@xxxxxxxxx>]

Dear All,


The next call for the IGO-INGO Protections Policy Development Process (PDP) 
Working Group is scheduled on Wednesday 13 February at 19:00 UTC


Please find the MP3 recording of the IGO-INGO Protections Policy Development 
Process (PDP) Working Group  teleconference held on Wednesday 06 February 2013  
at 1900 UTC at:

 http://audio.icann.org/gnso/gnso-igo-ingo-20130206-en.mp3

On page: http://gnso.icann.org/calendar/#feb


The recordings and transcriptions of the calls are posted on the GNSO Master 
Calendar page:
http://gnso.icann.org/calendar/


Attendees:
Donna Austin - AusRegistry
Iliya Bazlyankov – RrSG
Jim Bikoff – IPC/IOC
Avri Doria – NCSG
Chuck Gomes - RySG
Alan Greenberg - ALAC
Catherine Gribbin - Red Cross
Robin Gross - NCSG
Stephane Hankins - NCSG
David Heasley - IPC/IOC
Wolfgang Kleinwaechter - NCSG
Evan Lebovitch - ALAC
David Maher - RySG
Kiran Malancharuvil - IPC/IOC
Osvaldo Novoa - Red Cross
Christopher Rassi - Red Cross
Thomas Rickert – NCA –Working group chair
Greg Shatan - IPC
Claudia MacMaster Tamarit - ISO
Mary Wong - NCUC


Apologies:
Alain Berranger - NPOC
Mason Cole - GNSO Council vice chair - RrSG
Osvaldo Novoa - ISPCP
Cintra Sooknanan - NPOC

 
ICANN Staff:
Brian Peck
Berry Cobb
Julia Charvolen
 

** Please let me know if your name has been left off the list **

Adobe Chat transcript  for 06 February 2013:
Berry Cobb:Welcome to the 6 FEB 2013 IGO-INGO Conference call.
  Kiran Malancharuvil:Hi Julia, David Heasley and myself are on the call along 
with Jim Bikoff
  Julia Charvolen:Thank you Kiran, I will note that
  Kiran Malancharuvil:Thanks Julia! 
  Julia Charvolen:Wilson Abigaba has joined the meeting
  Julia Charvolen:Robin Gross joined the meeting
  Evan Leibovitch:i'm muted
  Julia Charvolen:To mute your microphones *6
  Kiran Malancharuvil:To clarify Alan, you are stating that if the Board 
accepts GAC advice on this issue, then the GNSO should not object?
  Kiran Malancharuvil:on the legal issue...
  Alan Greenberg:No, that is not what I said or meant. If thre is de facto 
evidence that it is illegal to either allocate the names, or request by names 
by registrants, then is is a matter of ICANN obeying the law. Which is, to some 
extent what the GAC has implied. BUt I do not bleeive that is the case. The 
existance of multiple uses of the names we are looking at without any apparent 
challenge implies that the existing international instruments and national laws 
do not prohibit such use.
  Kiran Malancharuvil:Thanks for the clarification Alan.
  Kiran Malancharuvil:The existence of unauthorized use of names without 
challenge may, in fact, indicate that an organization doesn't have the 
resources to "go after" every cybersquatter. 
  Kiran Malancharuvil:I wouldn't jump to conclusions regarding those situations
  Evan Leibovitch:The ALAC position is simply to request evidence of harm 
rather than the simple assertion oif it
  Evan Leibovitch:The unwillingness to provide evidence can easily be construed 
as the absense of evidence -- or that, conversely, the existing evidence argues 
against protection
  Evan Leibovitch:Iḿ still waiting to see details of the UDRP filed against the 
paint company running "olympic.com". If that MOST OBVIOUS non-IOC use has 
either lost a challenge, or not even been challenged at all, that speaks 
volumes about the "need" (let alone legality) for extra protection.
  Kiran Malancharuvil:We have all evidence of harm on the wiki
  Kiran Malancharuvil:what are we "unwilling" to show?
  Evan Leibovitch:real harm to the IOC happening as the result of the existence 
of domains such as "olympic.com".
  Evan Leibovitch:Ie, diversion of money, consumer confusion, etc.
  Evan Leibovitch:I'm not saying no harm is possible. But the IGOs are asking 
for an extremely blunt instrument, so the standards need to be very high
  Evan Leibovitch:+1 Greg
  Evan Leibovitch:Chuck,'s voice is very faint to me
  Greg Shatan:I've got Chuck loud and clear....
  Avri Doria:I heard Chuck load and clear, but at a low volume.
  Avri Doria:loud and clear
  Kiran Malancharuvil:Evan, information about Olympic Paint can be found in our 
past communications, located on the wiki
  Claudia MacMaster Tamarit (ISO):agree with Alan
  Mary Wong:+1, Alan
  Evan Leibovitch:Thanks, Greg. "Blocking:" was certainly what I meant by blunt 
instrument. That's not the only remedy.
  Evan Leibovitch:+1 Alan
  Evan Leibovitch:Chuck: It's not a strong objection, but I think "harm" has a 
role in criteria
  Avri Doria:I would not mind working ahaead in parallel, but think harm still 
needs to shown and we should not wait until the end and just presume harm.
  Claudia MacMaster Tamarit (ISO):Good point Alan.
  Evan Leibovitch:Again, +1 Alan
  Avri Doria:tradmarks are claiming potential harm, so it remains an issue even 
then.
  Mary Wong:Agree with Chuck.
  Chuck Gomes:@ Greg:  Agree
  Thomas Rickert:name, acronym or designation by virtue of an international 
treatyorganization mandated to work in the global public interest
  Thomas Rickert:alternative proposal: Protection of a name or an organization 
by virtue of an international treaty AND protection in multiple jurisdictions.
  Kiran Malancharuvil:We need to review this in more depth.  We will comment on 
the  list.
  Avri Doria:i guess i am not shy either, just what needs to be said, has been 
said.
  Claudia MacMaster Tamarit (ISO):Agree with Alan
  Alan Greenberg:Claudia, we need to stop agreeing. People will start talking!  
:-)
  Claudia MacMaster Tamarit (ISO):Sense is sense, as you might say.  :)
  Claudia MacMaster Tamarit (ISO):Greg +1
  Kiran Malancharuvil:similarly to what was recommended on the top level, we 
don't think it's appropriate for the organization's to grant exceptions itself
  Claudia MacMaster Tamarit (ISO):Agree that exemptions may be very important 
for legitimate uses.
  Kiran Malancharuvil:Although we never enforce against those with legitimate 
rights (e.g., Olympic Paint), it would appear unseemly to rely on the 
organization itself to grant exceptions.  It could give rise to these 
hypothetical licensing schemes that Dr. Mueller seems concerned about.
  Claudia MacMaster Tamarit (ISO):Interesting idea Chuck.
  Chuck Gomes:Thanks Thomas for the time you spent in preparing the subgroup 
summaries; I believe that really was helpful in our call today.
  Kiran Malancharuvil:+1 Chuck, great job Thomas
  Claudia MacMaster Tamarit (ISO):Thank you Thomas!
  Mary Wong:Thanks, Thomas and everyone! On to the GNSO SCI call ... :)