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

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

It's probably better for Robin to clarify why they suggested the
'process' wording.  I was simply trying to address their concern.  I was
not suggesting that there should be the ability to challenge how an
applicant selected a string.

Chuck Gomes
 
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> -----Original Message-----
> From: Craig.Schwartz [mailto:Craig.Schwartz@xxxxxxxxx] 
> Sent: Friday, June 29, 2007 1:21 PM
> To: Gomes, Chuck; robin@xxxxxxxxxxxxx; gtld-council@xxxxxxxxxxxxxx
> Subject: RE: [gtld-council] modifications to new gTLD 
> recommendations #3 and 6
> 
> 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
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> 
> -----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
>  
> "This message is intended for the use of the individual or 
> entity to which it is addressed, and may contain information 
> that is privileged, confidential and exempt from disclosure 
> under applicable law. Any unauthorized use, distribution, or 
> disclosure is strictly prohibited. If you have received this 
> message in error, please notify sender immediately and 
> destroy/delete the original transmission." 
>  
> 
> > -----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.
> > 
> 
>