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

[Tim Ruiz <tim@xxxxxxxxxxx>]

I would likely support Mike's alternate language (it sticks to the facts). I 
would not support Mike's below. No offense Mike, I just think your 
version&nbsp;is addressing a particular groups special interests. <BR><BR>Tim 
<BR>
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<BLOCKQUOTE style="PADDING-LEFT: 8px; MARGIN-LEFT: 8px; BORDER-LEFT: blue 2px 
solid">-------- Original Message --------<BR>Subject: [gnso-rn-wg] Alternate 
Straw Poll Language wrt ICANN/IANA<BR>Reserved Names<BR>From: "Mike Rodenbaugh" 
&lt;mxr@xxxxxxxxxxxxx&gt;<BR>Date: Thu, March 01, 2007 10:24 am<BR>To: 
&lt;gnso-rn-wg@xxxxxxxxx&gt;<BR><BR>I suggest more direct language, along these 
lines:<BR><BR>
Whereas, it appears self-evident that ICANN has reserved these names
in<BR>
the interest of avoiding user confusion which could result if
parties<BR>unrelated to ICANN were to register them;<BR><BR>
Whereas, it is obvious that such concerns are exponentially more
severe<BR>
as to many other businesses, individuals and organizations than as
to<BR>ICANN; <BR><BR>
Whereas, to date, ICANN via its TLD policies has effectively forced
such<BR>
businesses, individuals and organizations to 'defensively register'
such<BR>
strings in order to protect their interests from the effects of
such<BR>confusion;<BR><BR>
We recommend that ICANN's 'trademark strings' be treated equally
with<BR>other well-known 'trademark strings'.<BR><BR>
We recommend that the PRO-WG consider and recommend 'reserved
name<BR>policy' and other mechanisms to protect ICANN, and all other<BR>
individuals, businesses and organizations from the severe effects
of<BR>abusive registrations.<BR><BR><BR>
[Please note: &nbsp;I left this part out... &nbsp;Whereas, the special
treatment<BR>
accorded to ICANN's 'trademark strings' may appear to be ridiculous
and<BR>
offensive to many in the Community who have long been effectively
forced<BR>to pay for defensive registrations;]<BR><BR><BR>Mike 
Rodenbaugh<BR><BR>Sr. Legal Director<BR><BR>Yahoo! Inc.<BR><BR><BR><BR>
NOTICE: &nbsp;This communication is confidential and may be protected
by<BR>
attorney-client and/or work product privilege. &nbsp;If you are not
the<BR>intended recipient, please notify me by reply, and delete 
this<BR>communication and any attachments.<BR><BR><BR>-----Original 
Message-----<BR>
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx]
On<BR>Behalf Of Michael D. Palage<BR>Sent: Thursday, March 01, 2007 7:03 
AM<BR>To: 'Reserved Names Working Group ICANN'<BR>Subject: [gnso-rn-wg] 
Alternate Straw Poll Language wrt ICANN/IANA<BR>Reserved Names<BR><BR>Hello 
All:<BR><BR>
Notwithstanding my significant concerns about the reservation of
ICANN<BR>
and IANA names, in the interest of consensus building I offer
the<BR>
following alternate straw poll recommendation below for consideration.
<BR><BR>If this straw language was included I would support. <BR><BR>Best 
regards,<BR><BR>Michael D. Palage<BR><BR><BR>Proposed Alt Straw 
Poll:<BR><BR><BR>
Whereas, ICANN is currently undertaking an investigation into
the<BR>historical basis upon which this group of names have been 
reserved;<BR><BR>
Whereas, ICANN staff has noted that this process will take some
time,<BR>
and it is unlikely that this compilation of information will
be<BR>available prior to the conclusion of this Working Group's 
aggressive<BR>time table;<BR><BR>
Whereas, &nbsp;the Working Group acknowledges the importance of
obtaining<BR>this information so it can make a determination if the 
original<BR>justification for these reservations still exist, and that such<BR>
additional works needs to be completed prior to the commencement of
the<BR>next TLD RFP round; <BR><BR>
It is therefore recommended that the Working Group take no action
on<BR>
this subset of names as it does not have all of the relevant
information<BR>before it. </BLOCKQUOTE></DIV>