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RE: [gnso-pro-wg] Updated survey: Please comment on this version ONLY

  • To: gnso-pro-wg@xxxxxxxxx
  • Subject: RE: [gnso-pro-wg] Updated survey: Please comment on this version ONLY
  • From: Tim Ruiz <tim@xxxxxxxxxxx>
  • Date: Wed, 11 Apr 2007 06:57:03 -0700

I agree. Calling it a questionnaire helps frame it more appropriately.



I've attached an example of the structure I suggest for the
questionnaire. I'm no wordsmith so it could probably use some polish,
but you'll get the idea.



If we restructure the questionnaire in this way it will alleviate a lot
of the concerns I have, and hopefully for others as well. I think it
would also help later when we attempt to tabulate and use the results.





Tim Ruiz

Vice President

Corp. Development & Policy

The Go Daddy Group, Inc.



 



 -------- Original Message --------

Subject: Re: [gnso-pro-wg] Updated survey: Please comment on this

version ONLY

From: "Rosette, Kristina" <krosette@xxxxxxx>

Date: Wed, April 11, 2007 6:23 am

To: <tim@xxxxxxxxxxx>, "Rosette, Kristina" <krosette@xxxxxxx>

Cc: <Jeff.Neuman@xxxxxxxxxx>, <liz.williams@xxxxxxxxx>,

<gnso-pro-wg@xxxxxxxxx>



Tim, 

 

 

 

 You're right about timing. I was calculating from when I sent it on

 

 the 1st instead of when it actually made it to the list, which took

 

 about a day. That doesn't change the fact that we've been discussing

 

 the idea for a month.

 

 

 

 I suggest we call it a questionnaire, which more accurately captures

 

 the informality of its design, scope and purpose. Calling it a survey

 

 has, understandably, brought along certain assumptions about its

 

 design, scope and purpose.

 

 

 

 Delaying it makes sense only if there will be active proposal of

 

 questions and discussion. I encourage everyone who wants to propose

 

 questions to do so. It would probably be useful if each question was

 

 accompanied by a short (very, 2-3 words if possible) explanation for

 

 inclusion.

 

 

 

 Kristina

 

 Kristina Rosette

 

 Covington & Burling LLP

 

 1201 Pennsylvania Avenue, N.W.

 

 Washington, DC 20004-2401

 

 voice: 202-662-5173

 

 direct fax: 202-778-5173

 

 main fax: 202-662-6291

 

 e-mail: krosette@xxxxxxx

 

 

 

 This message is from a law firm and may contain information that is

 

 confidential or legally privileged. If you are not the intended

 

 recipient, please immediately advise the sender by reply e-mail that

 

 this message has been inadvertently transmitted to you and delete this

 

 e-mail from your system. Thank you for your cooperation.

 

 

 

 

 

 

 

 

 

 

 

 -------------------------

 

 Sent from my Wireless Handheld

 

 

 

 

 

 

 

 

 

 ----- Original Message -----

 

 From: Tim Ruiz <tim@xxxxxxxxxxx>

 

 To: Rosette, Kristina

 

 Cc: Neuman,Jeff <Jeff.Neuman@xxxxxxxxxx>; Liz Williams

 

 <liz.williams@xxxxxxxxx>; gnso-pro-wg@xxxxxxxxx

 

 <gnso-pro-wg@xxxxxxxxx>

 

 Sent: Wed Apr 11 00:49:03 2007

 

 Subject: RE: [gnso-pro-wg] Updated survey: Please comment on this

 

 version ONLY

 

 

 

 Kristina, with all due respect, the draft survey was not posted until

 

 the 2nd. That's 8 days not 10. And 5 of those days included the ICANN

 

 meeting during which many of us had other responsibilities. We are all

 

 volunteers afterall. 

 

 

 

 While I understand that we have a timeline, it is also important that

 

 the data we collect from the survey has integrity and is useful.

 

 Otherwise I see no point in doing it, or how it could be referred to

 

 at all in any final report.

 

 

 

 We very well may be able to agree on a form of survey by EOD Thursday.

 

 But if not, we should take the additional time necessary to get there

 

 or decide not to do it.

 

 

 

 

 

 Tim Ruiz

 

 Vice President

 

 Corp. Development & Policy

 

 

 

 

 

 

 

 

 

 

 

 -------- Original Message --------

 

 Subject: RE: [gnso-pro-wg] Updated survey: Please comment on this

 

 version ONLY

 

 From: "Rosette, Kristina" <krosette@xxxxxxx>

 

 Date: Tue, April 10, 2007 11:03 pm

 

 To: "Neuman, Jeff" <Jeff.Neuman@xxxxxxxxxx>, "Liz Williams"

 

 <liz.williams@xxxxxxxxx>, <gnso-pro-wg@xxxxxxxxx>

 

 

 

 

 

 Hello Jeff,

 

 

 

 

 

 

 

 First, and most importantly, congratulations!

 

 

 

 

 

 

 

 Thank you for posting these comments, many of which are extremely

 

 

 

 helpful. I will be in meetings for almost the entire day tomorrow,

 

 which

 

 

 

 is why I'm replying by email; otherwise, a call would be ideal as the

 

 WG

 

 

 

 calls to discuss the survey have been very productive.

 

 

 

 

 

 

 

 We agreed during our call today that additional work needs to be done,

 

 

 

 which is why the revised survey was distributed and comments have been

 

 

 

 requested by Thursday morning EST. Unfortunately, given our reporting

 

 

 

 deadlines, we really cannot delay it any longer. We recognize that you

 

 

 

 have had other demands on your time over the past few weeks. However,

 

 

 

 we have been discussing the possibility of a survey for quite some

 

 time,

 

 

 

 two representatives of the Registry Constituency were present at the WG

 

 

 

 meeting in Lisbon during which we brainstormed as to questions, the

 

 

 

 first draft of the survey was posted to the entire list 10 days ago,

 

 and

 

 

 

 it was the sole subject of last week's meeting. In short, given our

 

 

 

 time constraints, there have been numerous opportunities for WG members

 

 

 

 and observers to propose questions, review proposed questions, and

 

 

 

 otherwise comment.

 

 

 

 

 

 

 

 We have not consulted with a professional survey organization because

 

 

 

 the "survey" is not intended to accomplish the same goals as a "true"

 

 

 

 survey, but is intended more as an information-gathering exercise to

 

 

 

 obtain informal input from stakeholders. We discussed this very issue

 

 

 

 in our last call and agreed to include the language in the header of

 

 the

 

 

 

 survey: "The survey is not designed to meet strict data gathering

 

 

 

 standards but will be used to provide some baseline information from

 

 

 

 which additional work may be developed." As I would likely omit

 

 

 

 something from my summary of our purpose in preparing and distributing

 

 

 

 the survey, you may want to listen to the recording of that call for

 

 the

 

 

 

 entire discussion.

 

 

 

 

 

 

 

 My specific comments are below:

 

 

 

 

 

 

 

 Definitions.

 

 

 

 

 

 

 

 IP Claim: Thank you for adding a definition for IP Claim. Because the

 

 

 

 WG member who agreed to prepare the .biz TLD summary never did so and I

 

 

 

 could not locate the .biz Proof of Concept report during our call, we

 

 

 

 had nothing to draw from. I propose, however, that we use instead the

 

 

 

 IP Claim definition in the .biz Proof of Concept report (which I've

 

 

 

 copied below for the list's convenience) or, if you prefer, a slightly

 

 

 

 modified version that provides an illustrative list of the types of IP

 

 

 

 rights on which an IP Claim could be based, which would allow greater

 

 

 

 parallel to the Sunrise definition.

 

 

 

 

 

 

 

 "Intellectual Property Claim (used in Phase 1 of .biz launch), also

 

 

 

 referred to as "Trademark Claim Form" in the .biz Registry Agreement.

 

 

 

 Established to help individuals and companies protect their trademarks

 

 

 

 and service marks during the launch of the .biz TLD by enabling them to

 

 

 

 stake a claim to a domain name prior to the commencement of service and

 

 

 

 live registrations."

 

 

 

 

 

 

 

 STOP: Because some questions refer specifically to STOP Proceeding, it

 

 

 

 would be easier for those persons not familiar with our jargon if we

 

 

 

 included a separate definition. Again, I propose we use the definition

 

 

 

 from the .biz PoC report, modified to past tense:

 

 

 

 

 

 

 

 STOP: Start-up Trademark Opposition Policy (referred to as the Start-up

 

 

 

 Uniform Dispute Resolution Policy, or SUDRP, in the .biz Agreement).

 

 All

 

 

 

 disputes between an IP Claimant and a domain name Registrant regarding

 

 

 

 the registration of a .biz name are decided under the Start-Up

 

 Trademark

 

 

 

 Opposition Policy (STOP), a unique dispute resolution solution that is

 

 

 

 similar to the UDRP and RDRP, but with a lower burden of proof for

 

 

 

 intellectual property owners. STOP was available only to intellectual

 

 

 

 property owners who enrolled in NeuLevel's IP Claim Service. STOP

 

 

 

 allowed a Claimant to prevail where he or she demonstrates that a

 

 domain

 

 

 

 name was either registered in bad faith or used in bad faith.

 

 

 

 

 

 

 

 Sunrise: I believe the "original" definition, which was discussed at

 

 

 

 length during the call, is more accurate, but I defer to our .eu

 

 

 

 experts. 

 

 

 

 

 

 

 

 Question 3 (numbers are those in Liz's version): According to my

 

 notes,

 

 

 

 we anticipated that even those successful in getting a name in a

 

 

 

 particular TLD may not believe the RPM for that TLD was adequate. We

 

 

 

 could certainly include a separate field for comment instead of trying

 

 

 

 to cram it into the current question. Would that help?

 

 

 

 

 

 

 

 Questions 5-8: These questions are a principal reason why we extended

 

 

 

 comment on the survey; you've definitely identified a problem area. 

 

 For

 

 

 

 example, some WG members were going to propose additional categories

 

 for

 

 

 

 question 8; we also discussed adding a question whether RPM should not

 

 

 

 cover any of the rights listed in #5. Also, personal names and entity

 

 

 

 names are generally not considered unregistered trademarks in civil law

 

 

 

 countries. 

 

 

 

 

 

 

 

 Question 9: Your point about lawyers is a good one; we've covered it

 

 

 

 more broadly in question 1.

 

 

 

 

 

 

 

 Question 10: This came up today, and your question indicates

 

 

 

 clarification would definitely be helpful. My notes aren't clear,

 

 but I

 

 

 

 recall this question was intended to get at whether the parties could

 

 

 

 have resolved the dispute through another means.

 

 

 

 

 

 

 

 Question 12: Your revision raises a good point, but we tried to avoid

 

 

 

 presumptions about the content of future Sunrise. In that context,

 

 

 

 would this be an acceptable revision: In the event a Sunrise Process

 

 is

 

 

 

 used by a future gTLD, how do you believe domain names within that TLD

 

 

 

 should be allocated if there are multiple persons or entities eligible

 

 

 

 for a Sunrise registration for a particular domain name?

 

 

 

 

 

 

 

 Question 13: Again, a good point. Would the WG member who proposed

 

 

 

 this question respond with some suggested wording that would clarify?

 

 

 

 

 

 

 

 Question 18: While I suspect NeuStar's defensive registration

 

 

 

 distribution is far from unique, the WG Statement of Work outline

 

 

 

 specifically calls for a discussion of "new issues that may have

 

 

 

 developed" as a result of the introduction of RPM. One key issue

 

 

 

 identified by many IP owners is an increase in defensive registrations.

 

 

 

 If we were also intended to cover .com, etc. than I would agree with

 

 

 

 including those TLDs, but we are not. 

 

 

 

 

 

 

 

 Questions 20-21: The fact that we do not have many

 

 

 

 implementation-specific questions has been raised repeatedly by many,

 

 

 

 including me. The absence is solely attributable to the participation

 

 

 

 point I initially noted. Additional registry- and registrar-specific

 

 

 

 questions are absolutely welcome, but they will need to be posted to

 

 the

 

 

 

 list for comment within the timeframe we've got to work with.

 

 

 

 

 

 

 

 Questions 23-24: The WG SoW doesn't limit us to past pre-launch

 

 

 

 mechanisms. I think we need to be open to alternative mechanisms and

 

 

 

 these questions are, I believe, intended to informally seek reaction to

 

 

 

 another alternative. Other alternatives could certainly be included and

 

 

 

 these alternatives were the only ones put forth in connection with the

 

 

 

 drafting process. Perhaps another way to approach these questions and

 

 

 

 mechanisms would be to develop a list of possible alternatives and have

 

 

 

 participants rank them or tick the box for those that they may be

 

 

 

 willing to support. Suggestions anyone?

 

 

 

 

 

 

 

 Questions 27-28: These questions are not intended to presuppose a

 

 

 

 Sunrise mechanisms. As I understand them, they are intended to propose

 

 

 

 a solution to certain structural objections (for lack of a better

 

 

 

 phrase) associated with Sunrise processes implemented to date. To the

 

 

 

 extent that the IP Claim process implementation generated certain

 

 

 

 structural objections, questions that are intended to propose solutions

 

 

 

 to those objections are definitely welcome.

 

 

 

 

 

 

 

 I look forward to your comments.

 

 

 

 

 

 

 

 Sincerely yours,

 

 

 

 Kristina 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 -----Original Message-----

 

 

 

 From: owner-gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 [mailto:owner-gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 ]

 

 

 

 On Behalf Of Neuman, Jeff

 

 

 

 Sent: Tuesday, April 10, 2007 6:21 PM

 

 

 

 To: Liz Williams; gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 

 

 

 

 Cc: Neuman, Jeff

 

 

 

 Subject: RE: [gnso-pro-wg] Updated survey: Please comment on this

 

 

 

 version ONLY

 

 

 

 

 

 

 

 All,

 

 

 

 

 

 

 

 Please find enclosed some comments I have on the survey. Again, I

 

 

 

 apologize I could not have joined in person, but I am available after

 

 

 

 today.

 

 

 

 

 

 

 

 There are a number of issues with the proposed survey and I think work

 

 

 

 still needs to be done. There are lots of undefined terms and

 

 questions

 

 

 

 that I believe are not likely to lead to objective results. Have we

 

 

 

 consulted with any professional survey organizations that could help us

 

 

 

 develop a truly objective and meaningful survey?

 

 

 

 

 

 

 

 

 

 

 

 I am available to discuss my comments at any time.

 

 

 

 

 

 

 

 Thanks.

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 Jeffrey J. Neuman, Esq. 

 

 

 

 Sr. Director, Law, Advanced Services & Business Development 

 

 

 

 

 

 

 

 NeuStar, Inc. 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 -----Original Message-----

 

 

 

 From: owner-gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 [mailto:owner-gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 ]

 

 

 

 On Behalf Of Liz Williams

 

 

 

 Sent: Tuesday, April 10, 2007 3:46 PM

 

 

 

 To: gnso-pro-wg@xxxxxxxxx

 

 
<https://email.secureserver.net/pcompose.php?aEmlPart=0&type=replyall&folder=INBOX&uid=91891#Compose>

 

 

 

 

 

 Subject: [gnso-pro-wg] Updated survey: Please comment on this version

 

 

 

 ONLY

 

 

 

 

 

 

 

 

 

 

 

 The deadline for any additional comments by noon UTC Thursday 12 April.

 

 

 

 Sooner is better.

 

 

 

 

 

 

 

 I will send this out by COB Brussels time Thursday 12 April. I will

 

 try

 

 

 

 to have it posted to ICANN's public participation site and have it

 

 

 

 distributed through to the various lists.

 

 

 

 

 

 

 

 Liz

 

 

 

 .....................................................

 

 

 

 

 

 

 

 Liz Williams

 

 

 

 Senior Policy Counselor

 

 

 

 ICANN - Brussels

 

 

 

 +32 2 234 7874 tel

 

 

 

 +32 2 234 7848 fax

 

 

 

 +32 497 07 4243 mob

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Attachment: GNSOPROWGQuestionnaire_tr_edits.doc
Description: MS-Word document



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