RE: [gtld-council] modifications to new gTLD recommendations #3 and 6

["Craig.Schwartz" <Craig.Schwartz@xxxxxxxxx>]

Maybe I'm missing something, but as I attempted to clarify in yesterday's
meeting regarding recommendation 3, I do not understand how adding text
about the selection process is appropriate since at this point in the
application cycle nothing has been selected, it's only been applied for. Are
you suggesting an objection can be raised based upon how the applicant
selected the string it applied for? I don't think this is the case, but
would like to be clear. 

Moreover, in an objections-based model, a complainant (objector) would file
an objection against the applicant and would presumably have basis/grounds
to do so to potentially prevail in the dispute resolution of the objection.
If the selection process is added, how would the objections-based model
work?

As I said, perhaps I'm missing something. And, clarification on this is much
appreciated.

Craig

___________________
Craig Schwartz
Chief gTLD Registry Liaison
ICANN
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292

Direct +1 310 301 5832
Mobile +1 310 447 4913
www.icann.org   

-----Original Message-----
From: owner-gtld-council@xxxxxxxxxxxxxx
[mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Gomes, Chuck
Sent: Friday, June 29, 2007 6:59 AM
To: robin@xxxxxxxxxxxxx; gtld-council@xxxxxxxxxxxxxx
Subject: RE: [gtld-council] modifications to new gTLD recommendations #3 and
6

Regarding Recommendation 3, it seems to me that there are two key
elements: 1) strings that may infringe existing legal rights and 2) the
selection process that may infringe existing legal rights.  If I am
correct, then we need to include both in this recommendation and I think
we started working in that direction yesterday.

Chuck Gomes
 
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> -----Original Message-----
> From: owner-gtld-council@xxxxxxxxxxxxxx 
> [mailto:owner-gtld-council@xxxxxxxxxxxxxx] On Behalf Of Robin Gross
> Sent: Thursday, June 28, 2007 2:14 PM
> To: gtld-council@xxxxxxxxxxxxxx
> Subject: [gtld-council] modifications to new gTLD 
> recommendations #3 and 6
> 
> NCUC proposes the following modifications to new gTLD 
> recommendations #3 and 6:
> 
> Rec. 3:
> 
> The process for selecting strings must not infringe existing 
> legal rights that are enforceable under internationally 
> recognized principles of law or the applicant's national law.
> 
> Examples of these legal rights that are internationally 
> recognized include, but are not limited to, rights defined in 
> the Paris Convention for the Protection of Industrial 
> Property (in particular trademark rights), the Universal 
> Declaration of Human Rights and the International Covenant on 
> Civil and Political Rights (in particular freedom of 
> expression rights).
> 
> 
> Rec 6:
> 
> Strings must not be contrary to legal norms that are 
> enforceable under generally accepted and internationally 
> recognized principles of law.  
> Taking into account the aforementioned limitations, no 
> application shall be rejected solely because the applicant or 
> string is associated with an unpopular or controversial point of view.
>