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

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

It's unlikely that there will be time to discuss this in today's meeting
but if I am wrong, it would be fine.  We will definitely discuss it next
week.  In fact our primary focus next week will be discussion of 'straw'
recommendations.  If subgroups are unable to come to rough consensus on
a set of recommendations, then I will ask they they provide alternative
recommendations for discussion by the full WG.

Chuck Gomes
 
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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 11:53 AM
> To: gnso-rn-wg@xxxxxxxxx
> Subject: RE: [gnso-rn-wg] Alternate Straw Poll Language wrt 
> ICANN/IANA Reserved Names
> 
> 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 attorney-client and/or work product privilege.  
> If you are not the intended recipient, please notify me by 
> reply, and delete this communication and any attachments.
> 
> 
> -----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.  
> 
> 
> 
> 
> 
> 
>