RE: [gnso-rn-wg] Alternate Straw Poll Language wrt ICANN/IANA Reserved Names

["Michael D. Palage" <Michael@xxxxxxxxxx>]

Mike,

As Tim might note, you and I are both guilty of being American lawyers.
In fact it was the potential precedent that this working group would be
setting with an affirmative approval of these reservations that caused
my initial response. However, it was in the interest of consensus
building and moving this discussion forward that I provided this
alternate language. Given the work of the Protecting the Rights of
Others Working Group, I believe your proposed friendly amendment to my
draft would likely blur the lines between the working groups, and impede
the ability of both groups to conclude its works. Perhaps we could
discuss this on todays call if the chair finds the time.

As noted both within this and the other working group, there are some
complex issues that will not be solved through the current working group
process and that will require additional investigation and study.

Look forward to speaking shortly,

Best regards,

Michael

-----Original Message-----
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Mike Rodenbaugh
Sent: Thursday, March 01, 2007 11:24 AM
To: gnso-rn-wg@xxxxxxxxx
Subject: [gnso-rn-wg] Alternate Straw Poll Language wrt ICANN/IANA
Reserved Names


I suggest more direct language, along these lines:

Whereas, it appears self-evident that ICANN has reserved these names in
the interest of avoiding user confusion which could result if parties
unrelated to ICANN were to register them;

Whereas, it is obvious that such concerns are exponentially more severe
as to many other businesses, individuals and organizations than as to
ICANN; 

Whereas, to date, ICANN via its TLD policies has effectively forced such
businesses, individuals and organizations to 'defensively register' such
strings in order to protect their interests from the effects of such
confusion;

We recommend that ICANN's 'trademark strings' be treated equally with
other well-known 'trademark strings'.

We recommend that the PRO-WG consider and recommend 'reserved name
policy' and other mechanisms to protect ICANN, and all other
individuals, businesses and organizations from the severe effects of
abusive registrations.


[Please note:  I left this part out...  Whereas, the special treatment
accorded to ICANN's 'trademark strings' may appear to be ridiculous and
offensive to many in the Community who have long been effectively forced
to pay for defensive registrations;]


Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

NOTICE:  This communication is confidential and may be protected by
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-----Original Message-----
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Michael D. Palage
Sent: Thursday, March 01, 2007 7:03 AM
To: 'Reserved Names Working Group ICANN'
Subject: [gnso-rn-wg] Alternate Straw Poll Language wrt ICANN/IANA
Reserved Names

Hello All:

Notwithstanding my significant concerns about the reservation of ICANN
and IANA names, in the interest of consensus building I offer the
following alternate straw poll recommendation below for consideration. 

If this straw language was included I would support. 

Best regards,

Michael D. Palage


Proposed Alt Straw Poll:


Whereas, ICANN is currently undertaking an investigation into the
historical basis upon which this group of names have been reserved;

Whereas, ICANN staff has noted that this process will take some time,
and it is unlikely that this compilation of information will be
available prior to the conclusion of this Working Group's aggressive
time table;

Whereas,  the Working Group acknowledges the importance of obtaining
this information so it can make a determination if the original
justification for these reservations still exist, and that such
additional works needs to be completed prior to the commencement of the
next TLD RFP round; 

It is therefore recommended that the Working Group take no action on
this subset of names as it does not have all of the relevant information
before it.