Re: [gnso-pro-wg] Current Proposals Chart
Hi, I am assuming the chart is still the latest, as the draft you sent did not include the agreements or supported contents. I apologize that my difficulties with my phone connection made it hard for me to get these said during the meeting on Monday, though I did mention some of them. I also needed some time to read and think about them based on our definitions. I have the following comments/edits: ------------------------------------------------------ Re 1: I would like an alternative listed for 1. -- New gTLDS MAY define a RPM. This should not be a MUST as it is possible that there may be new gTLDs defined for specific communities that are strict enough in their membership qualifications that such a mechanism would not be required. there may also be other reasons for obviating the requirement for a RPM. -- As I mentioned in the discussion I thought that in some cases, for example a TLD meant for a well defined community might not need such a mechanism. Someone, perhaps you, mentioned that such a strict community night be count as a RPM, but in the definition of RPM, we do not include that possibility. I can also can imagine that there would be other cases where an RPM would be superfluous. ------------------------------------------------------ re 2: I would like an alternative listed for 2. -- Each gTLD applicant MUST describe in their application the methods they will employ to protect the rights of others. -- My reasons for this are similar to my reasons for #1. Not only is there not a RPM that fits all cases, based on the definition of RPM, there should not be a RPM requirement that all gTLDS. In some case the UDRP and Registration Agreement plus the community definition may be sufficient. They should, however, identify how the rights of others, including those who do not hold Marks. It occurs to me that we have never defined a central term to all of our discussions: Rights of others. I would take a crack at it, but I expect my definition would not be the majority definition. I will probably comment more on this as I review the definitions we tentatively settled on last night. ------------------------------------------------------ re 4; In general i am fine with this, but i think it is confusing. Since I see no way for the definition of RPM to include " eligibility or membership verification requirements and second-level name selection criteria (such as those used by the .museum, .aero, and .travel TLDs)" I think it inappropriate to refer to this as a RPM. I also beleive that there may be other, as of yet undefined conditions, that may make an RPM unnecessary - we cannot preclude the creativity and innovation in defining a TLD that might make an RPM unnecessary. I would prefer it read: -- If a new gTLD elects to adopt a description that includes eligibility or membership verification requirements and second-level name selection criteria (such as those used by the .museum, .aero, and .travel TLDs) or another similar set or criteria, a RPM SHALL NOT be necessary. -- If this is not supportable by other, I would ask that it be listed as an alternative. ------------------------------------------------------ re 5,7: If 6 is moved to auxiliary concerns due to the reason, which I accept, of not dictating policy concerning fees, then I think the fee portion of 5 and 7 in its entirety should also be move to the 'auxiliary concerns' section Also the first sentence of 5 should be included, however, I recommend it read: -- There MUST be a challenge procedure for any RPM procedure. -- since Legal rights cannot be verified, they must be challengeable. If this is not supportable by others, please include it as an alternate. ------------------------------------------------------ re 8, I have no argument against removing this, however, i feel that if Legal Rights can only be asserted and not verified a-priori then I see it as difficult to justify taking definitive and blocking action on those right's assertions without using the existing mechanisms or the courts. thanks a.
All,
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