RE: [soac-mapo] Clarifying Draft Rec for "Incitement" (for Summary of Issues/Recommendations)

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

It seems to me that Richard may have suggested some language that could
be used in other places where there is not substantial agreement on a
recommendation: "Instead of recommending specific changes we offer our
views and ask for the current language to be re-assessed in light of
those views."  

 

Chuck

 

From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
Behalf Of Richard Tindal
Sent: Thursday, September 09, 2010 7:17 PM
To: soac-mapo
Subject: Re: [soac-mapo] Clarifying Draft Rec for "Incitement" (for
Summary of Issues/Recommendations)

 

Thx.  

 

In that case,  the problem I have (and I suspect a problem of others in
the Group who aren't law professors)  is that I don't know who's right.
I know ICANN has employed

high powered legal talent to come up with the current language.    I
don't know if you're right or they're right.

 

Also, as a lay person,  I think a TLD string could, on its own, result
in violence -- but that's just my opinion.

 

Is this an acceptable compromise  ---  Instead of recommending specific
changes we offer our views (per your note) and ask for the current
language to be re-assessed in light of those views?

 

RT

 

 

On Sep 9, 2010, at 3:54 PM, Mary Wong wrote:





Sure - the proposal for "incitement" was to replace, that for
"promotion" was to remove.

 

Hope that helps!

 

Mary W S Wong

Professor of Law

Chair, Graduate IP Programs

UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
Two White Street
Concord, NH 03301
USA
Email: mary.wong@xxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.law.unh.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584



>>> 

From: 

Richard Tindal <richardtindal@xxxxxx>

To:

soac-mapo <soac-mapo@xxxxxxxxx>

Date: 

9/9/2010 6:50 PM

Subject: 

Re: [soac-mapo] Draft Rec for "Incitement" (for Summary of
Issues/Recommendations)


OK,  maybe it didn't read as well as I thought.

I saw it simply a statement of various views - and not as a hard
recommendation.

Mary - could you clarify?

RT


On Sep 9, 2010, at 3:35 PM, Gomes, Chuck wrote:

> 
> Did I misunderstand the statement/recommendation drafted by Mary?  I
> didn't understand that it recommended that the term 'incitement' be
> removed but rather that the term 'promotion' be removed: " The term
> "promotion" should be removed from the AGB. (Mary Wong)"
> 
> If we removed both terms, wouldn't we be eliminating all three
> categories?  Is that the intent?
> 
> Chuck
> 
>> -----Original Message-----
>> From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
>> Behalf Of Konstantinos Komaitis
>> Sent: Thursday, September 09, 2010 6:21 PM
>> To: Mary Wong; soac-mapo
>> Subject: Re: [soac-mapo] Draft Rec for "Incitement" (for Summary of
>> Issues/Recommendations)
>> 
>> 
>> Thanks Mary for this. I agree - 'incitement' is an unfit term for
this
>> process and is used erroneously. I support the recommendation for the
>> term to be removed.
>> 
>> 
>> KK
>> 
>> 
>> On 09/09/2010 23:01, "Mary Wong" <Mary.Wong@xxxxxxxxxxx> wrote:
>> 
>> I agree, and note that Richard used the phrase "Principles of Ordre
>> Publique" in an earlier email. I've adopted it in the attached draft
>> recommendation on the use of the term "incitement" (and thank
>> Konstantinos for starting the draft and dredging up the various
emails
>> concerning the issue!)
>> 
>> I've also used the same font as Margie, in the hope it will
facilitate
>> editing and insertion.
>> 
>> Something on Quick Look to follow, shortly .... (I hope :)
>> 
>> Cheers
>> Mary
>> 
>> Mary W S Wong
>> Professor of Law
>> Chair, Graduate IP Programs
>> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW Two White Street Concord,
NH
>> 03301 USA Email: mary.wong@xxxxxxxxxxx Phone: 1-603-513-5143 Webpage:
>> http://www.law.unh.edu/marywong/index.php Selected writings available
>> on the Social Science Research Network (SSRN) at:
>> http://ssrn.com/author=437584
>> 
>>>>> 
>> From: Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>
>> To: Margie Milam <Margie.Milam@xxxxxxxxx>, soac-mapo <soac-
>> mapo@xxxxxxxxx>
>> Date: 9/9/2010 5:55 PM
>> Subject: Re: [soac-mapo] Summary of Issues/Recommendations
>> Dear Margie,
>> 
>> Thanks for this, it is really helpful.
>> 
>> One point - I think we decided at this point to use the term 'ordre
>> publique' and abandon the term 'public interest' when it comes to
>> objections. I think 'ordre publique' came out of our discussion with
>> Carroll and it is something that Mary also suggested (?).
>> 
>> Thanks
>> 
>> KK
>> 
>> 
>> On 09/09/2010 19:33, "Margie Milam" <Margie.Milam@xxxxxxxxx> wrote:
>> 
>> Dear All,
>> 
>> Please find enclosed for your review suggested language that
> summarizes
>> the topics discussed and the proposed recommendations.  Although some
>> of you are working on language to insert in this document, I thought
>> this might serve as a starting point for you.
>> 
>> It is very difficult to glean all of the details from the email list,
>> so please accept my apologies if I misstated the principles or the
>> recommendations.   Also,  there are areas where I was unable to
sketch
>> an outline of the issue or proposed recommendation, such as the Quick
>> Look Procedure, Timing of Rec6 Dispute, and Guidebook Criterion 4.
>> Hopefully volunteers can assist in describing the issue and proposed
>> resolution.
>> 
>> 
>> Thanks,
>> Margie
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> 
>> As of August 30, 2010, Franklin Pierce Law  Center has affiliated
> with
>> the University of New Hampshire and is now  known as the University
of
>> New Hampshire School of Law. Please  note that all email addresses
> have
>> changed and now follow the  convention:
> firstname.lastname@xxxxxxxxxxx.
>> For more information on the University  of New Hampshire School of
> Law,
>> please  visit law.unh.edu <http://law.unh.edu <http://law.unh.edu/> >
>> 
> 
> 

 

 

As of August 30, 2010, Franklin Pierce Law Center has affiliated with
the University of New Hampshire and is now known as the University of
New Hampshire School of Law. Please note that all email addresses have
changed and now follow the convention: firstname.lastname@xxxxxxxxxxx.
For more information on the University of New Hampshire School of Law,
please visit law.unh.edu <http://law.unh.edu/>