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Please bring back clauses on Rgihts to Data and Traffic Data

  • To: gtld-transition@xxxxxxxxx
  • Subject: Please bring back clauses on Rgihts to Data and Traffic Data
  • From: Amadeu Abril i Abril <Amadeu@xxxxxxxxx>
  • Date: Mon, 15 Dec 2008 20:37:12 +0100

While commending the efforts in streamlining the contracutal language, I do believe that some useful clauses have disappeared without much good reason.

One clear example is the clause limiting Rgihts on Data: “Registry Operator shall not be entitled to claim any intellectual property rights in Registry Data [...]”. This clause is both critical from the point of view of registrants¡ rights, and in any process of future redelegation (as claiming IP on the database contents would simply made any such redelegation near impossible).

A similar case is the clause referring to Traffic Data. Even if it allows a wide use of traffic data, the limitations (regarding registants’ or users’ Personal Data. The deletion of such clause could give the idea that ICANN does not place that limit anymore.

Both clauses serve a clear public policy role beyond the purely bilateral contractual provisions, and my sense is that they should be brought back to the next draft.

Amadeu Abril i Abril, on his own behalf, this time

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