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RE: [gtld-council] proposed new Rec. #21

  • To: "Milton L Mueller" <mueller@xxxxxxx>, <gtld-council@xxxxxxxxxxxxxx>, <robin@xxxxxxxxxxxxx>
  • Subject: RE: [gtld-council] proposed new Rec. #21
  • From: "Gomes, Chuck" <cgomes@xxxxxxxxxxxx>
  • Date: Tue, 3 Jul 2007 11:31:34 -0400


My concern applies to both #3 and #21.  If my change in wording to #21
works, then maybe it should be applied to #3 as well.

Chuck Gomes
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> -----Original Message-----
> From: Milton L Mueller [mailto:mueller@xxxxxxx] 
> Sent: Tuesday, July 03, 2007 9:23 AM
> To: Gomes, Chuck; gtld-council@xxxxxxxxxxxxxx; robin@xxxxxxxxxxxxx
> Subject: RE: [gtld-council] proposed new Rec. #21
> -----Original Message-----
> From: Chuck Gomes [mailto:cgomes@xxxxxxxxxxxx] 
> >It seems to me that this wording may go counter to one of the 
> >objectives we have pursued for a long time on the New gTLD 
> Committee, 
> >that is to attempt to not put the ICANN Board in a situtation where 
> >they are overly exposed to risk.
> Chuck, can you explain to me why the Board assumes no risk 
> with a statement in #3 that it won't violate trademark rights 
> but assumes new "risks" with a guarantee for free expression rights? 
> In fact, in both cases, a guarantee that the process won't 
> violate existing rights actually protects the Board from litigation. 
> Given ICANN's close links to the US govt and its 
> incorporation in the US, there may be severe risks of 
> litigation if ICANN does NOT make it clear that it isn't 
> intended to restrict free expression rights. I suspect you 
> will all learn about this soon from ICM Registry. 
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> Date: 7/2/2007 3:35 PM

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