RE: [gnso-pro-wg] Suggested Recommendations / Principles

["Griffin, Lance" <Lance.Griffin@xxxxxxxxxx>]

Tim:
 
I officially object to the idea that these processes should be left up
to the discretion of the gTLD registry operators.  I agree that the WG
can make such a suggestion, but I disagree that we all agreed to this
specific suggestion.  In fact, on the last call, I had understood that
we were going to look into whether there might be consistent principles
that can be applied in the case of all PRO mechanisms (Kristina, correct
me if I am wrong).     

________________________________

From: owner-gnso-pro-wg@xxxxxxxxx [mailto:owner-gnso-pro-wg@xxxxxxxxx]
On Behalf Of Tim Ruiz
Sent: Thursday, May 10, 2007 9:33 AM
To: gnso-pro-wg@xxxxxxxxx
Subject: RE: [gnso-pro-wg] Suggested Recommendations / Principles


Lance,
 
That was discussed on earlier calls and on the list. And I understood
that there was general agreement to that approach. The SOW for this
group is:
 
(1) Document the additional protections implemented by existing gTLD
operators beyond the current terms in the registration agreement and
existing dispute resolution mechanisms to the protect the legal rights
of others during the domain name registration process, particularly
during the initial start up of a new gTLD where there is contention for
what Registrants perceive as the "best" names.    The documentation
should identify the problems that the protections were intended to
solve.    The working group should establish definitions of terms used
in this document to ensure a common understanding amongst members of the
working group.  These definitions would only be in the context of the
document, and without prejudice to the meaning of these terms in other
legal contexts.
 
For (1) I think this group, under Kristina's guidance, has done a good
job here. It is a little disappointing that there were so few repsonses
to the questionaire but I don't think we're surprised by that. All in
all, a decent effort on this item.

(2) Determine whether to recommend to Council a best practices approach
to providing any additional protections beyond the current registration
agreement and UDRP policy  for the legal rights of others during the
domain name registration process, particularly during the initial start
up of a new gTLD where there is contention for what Registrants perceive
as the "best" names.   A best practices document could be incorporated
into the material for the application process for new gTLD applicants.
The GNSO could elect in future to use the policy development process
(PDP) to create a Consensus Policy in this area.

Regarding (2) I thought we agreed that - Yes, a best practices approach
should be recommended. However, it was suggested by myself and others
agreed (with no voiced objections) that we would call it suggested
guidelines instead of best practices as the latter may have negative
connotations if a gTLD operator chose not to apply all of the suggested
guidelines. The careful wording of this work item makes it clear that
there is no intention of the Council to recommend as a matter of policy
that prior rights mechanisms to be *required* by new gTLD operators.
However, they do leave open the option for themselves to consider policy
in this area at a later date.


Tim 


        -------- Original Message --------
        Subject: RE: [gnso-pro-wg] Suggested Recommendations /
Principles
        From: "Griffin, Lance" <Lance.Griffin@xxxxxxxxxx>
        Date: Thu, May 10, 2007 11:11 am
        To: "Tim Ruiz" <tim@xxxxxxxxxxx>,  <gnso-pro-wg@xxxxxxxxx>
        
        
        Tim:
         
        What do you base the following on?
         
        It is also understood that the overriding recommendation of this
WG will be that the selection of such processes should be left up to the
gTLD Registry Operators.

         

        


________________________________

        From: owner-gnso-pro-wg@xxxxxxxxx
[mailto:owner-gnso-pro-wg@xxxxxxxxx] On Behalf Of Tim Ruiz
        Sent: Thursday, May 10, 2007 8:20 AM
        To: gnso-pro-wg@xxxxxxxxx
        Subject: [gnso-pro-wg] Suggested Recommendations / Principles
        
        
        Attached.
        
        Tim