Fwd: what happened to your blog post that admitted expanding the scope of TM claims was a POLICY matter??? It appears to be removed from the web.

Robin Gross robin at IPJUSTICE.ORG
Wed Apr 10 13:08:46 EEST 2013


Begin forwarded message:

> From: Robin Gross <robin at ipjustice.org>
> Date: April 10, 2013 11:06:54 AM PDT
> To: Fadi Chehade <fadi.chehade at icann.org>
> Cc: Mike O'Connor <mike at haven2.com>, James Bladel  
> <jbladel at godaddy.com>, Jeff Eckhaus <eckhaus at demandmedia.com>,  
> Antony Van Couvering <avc at tldh.org>, BretFausett Fausett  
> <bret at internet.pro>, Alan Greenberg <alan.greenberg at mcgill.ca>,  
> BenAnderson Anderson <ben.anderson at groupnbt.com>, Chris Wright  
> <chris at ausregistry.com.au>, ElisaCooper Cooper  
> <elisa.cooper at markmonitor.com>, "evan at telly.org Leibovitch"  
> <evan at telly.org>, Fred Felman <frederick.felman at markmonitor.com>,  
> Gustavo Lozano <gustavo.lozano at icann.org>, "Jeff.Neuman at neustar.us  
> Neuman" <jeff.neuman at neustar.us>, Jim Waldron  
> <jwaldron at verisign.com>, Jon Nevett <jon at donuts.co>, Jonathan  
> Robinson <jonathan.robinson at ipracon.com>, KathyKleiman  
> <kathy at kathykleiman.com>, Kathryn Park <kathryn.park at ge.com>,  
> Konstantine Komaitis <k.komaitis at strath.ac.uk>, Martin Sutton  
> <martinsutton at hsbc.com>, Matt Serlin <matt.serlin at markmonitor.com>,  
> Wendy Seltzer <wendy at seltzer.com>, elainepruis at gmail.com,  
> jgould at verisign.com
> Subject: what happened to your blog post that admitted expanding  
> the scope of TM claims was a POLICY matter???  It appears to be  
> removed from the web.
>
> Dear Fadi,
>
> What happened to your ICANN blog post where you had to change your  
> characterization of our LA meeting to the following?:
>
>>>>> Scope of Trademark Claims. The inclusion of strings previously  
>>>>> found to be abusively registered in the Clearinghouse for  
>>>>> purposes of Trademark Claims can be considered a policy  
>>>>> matter.  This proposal provides a path for associating a  
>>>>> limited number of additional domain names with a trademark  
>>>>> record, on the basis of a decision rendered under the UDRP or a  
>>>>> court proceeding.  Given the previous intensive discussions on  
>>>>> the scope of protections associated with a Clearinghouse  
>>>>> record, involving the IRT/STI, we believe this needs guidance  
>>>>> from the GNSO Council.
>>>>>
>
> It appears this blog post and key language is gone from the web  
> now.  Did staff subsequently decide to change its mind again and  
> claim we said this was merely an implementation matter?
>
> Thanks,
> Robin
>
>
> On Dec 4, 2012, at 1:57 PM, Fadi Chehade wrote:
>
>> Colleagues,
>>
>> I will address this as soon as I return from the WCIT.  Thanks  
>> four your patience.
>>
>> BTW - Some of the issues addressed in this conference may have a  
>> profound impact on the net as we know it. Let's hope for the best.
>>
>> Fadi
>>
>> On Dec 5, 2012, at 1:37 AM, "Robin Gross" <robin at ipjustice.org>  
>> wrote:
>>
>>> Dear Karen, Fadi and all:
>>>
>>> I noticed that yesterday's update of staff's strawman solution  
>>> still includes the proposal to expand the scope of trademark  
>>> claims to so-called abused TMs+50, even though we were told in  
>>> last Monday's call that that specific proposal was "deemed  
>>> policy" and therefore outside the scope of what can be proposed  
>>> without a proper policy process.
>>>
>>> We were told we would not be creating new policies with these  
>>> discussions, but that is what this particular proposal is (and it  
>>> even now is classified as "policy" on the web) so it does not  
>>> belong in the strawman proposal.
>>>
>>> Perhaps it is a coincidence or accident, but it seems the goal  
>>> posts are shifting by staff and we deserve an explanation for how  
>>> this policy could have been developed in this fashion and been  
>>> included by staff in its strawman, given ICANN's stated  
>>> commitment to following its own bottom-up policy development  
>>> processes and given what we were told in the discussions.
>>>
>>> I've had a number of NCSG members ask for access to the  
>>> transcripts / recordings of these policy discussions, so would  
>>> also very much appreciate it if someone from staff would get back  
>>> to me on that request.  Thank you.
>>>
>>> Sincerely,
>>> Robin
>>>
>>> On Nov 30, 2012, at 11:46 PM, Robin Gross wrote:
>>>
>>>> Thanks for correcting the ICANN blog, Karen.  But the language  
>>>> is still the same in the actual strawman proposal posted for  
>>>> public comment (this proposal is still called "implementation"  
>>>> rather than classified as "policy"), so that should be corrected  
>>>> too, as it is ICANN's official announcement.
>>>>
>>>> But how did this particular proposal, which is policy, find it's  
>>>> way into the 'strawman solution' which states it doesn't delve  
>>>> into policy and that it doesn't contradict GNSO policy?  That  
>>>> seems to be a mistake in need of correcting quickly.
>>>>
>>>> I'm additionally concerned that this strawman and ICANN's  
>>>> announcement give the impression that the strawman was some kind  
>>>> of negotiated consensus from the community.  The strawman should  
>>>> clarify that it is a series of executive decisions made by ICANN  
>>>> staff.  It really isn't fair to characterize this proposal as  
>>>> coming from meeting participants.  It is a staff proposal and  
>>>> should be honestly labeled as such.
>>>>
>>>> Thank you,
>>>> Robin
>>>>
>>>> On Nov 30, 2012, at 4:44 PM, Karen Lentz <karen.lentz at icann.org>  
>>>> wrote:
>>>>
>>>>> Dear colleagues,
>>>>>
>>>>>
>>>>>
>>>>> It seems the language in the blog posting may have been  
>>>>> confusing, and we apologize for this.  The intention was to  
>>>>> indicate that the involvement of the GNSO is appropriate due to  
>>>>> the policy considerations.  The blog post has been updated as  
>>>>> below with a note of clarification to address the ambiguity in  
>>>>> the reference to this.
>>>>>
>>>>>
>>>>>
>>>>> =
>>>>>
>>>>>
>>>>>
>>>>> Scope of Trademark Claims. The inclusion of strings previously  
>>>>> found to be abusively registered in the Clearinghouse for  
>>>>> purposes of Trademark Claims can be considered a policy  
>>>>> matter.  This proposal provides a path for associating a  
>>>>> limited number of additional domain names with a trademark  
>>>>> record, on the basis of a decision rendered under the UDRP or a  
>>>>> court proceeding.  Given the previous intensive discussions on  
>>>>> the scope of protections associated with a Clearinghouse  
>>>>> record, involving the IRT/STI, we believe this needs guidance  
>>>>> from the GNSO Council.
>>>>>
>>>>>
>>>>>
>>>>> I wrote in the original version of this blog post: “the  
>>>>> inclusion of strings previously found to be abusively  
>>>>> registered in the Clearinghouse for purposes of Trademark  
>>>>> Claims can be considered implementation, as it provides a path  
>>>>> for associating a limited number of additional domain names  
>>>>> with a trademark record. This is consistent with the policy  
>>>>> advice that trademark rights should be protected, and, given  
>>>>> that the inclusion of such names would be only on the basis of  
>>>>> a decision rendered under the UDRP or a court proceeding, the  
>>>>> process would merely take into account names for which the  
>>>>> issues have already been balanced and considered. However,  
>>>>> given the previous intensive discussions on the scope of  
>>>>> protections associated with a Clearinghouse record, involving  
>>>>> the IRT/STI, we believe this needs guidance from the GNSO  
>>>>> Council.” This language appeared to create ambiguity as to the  
>>>>> nature of the analysis, and has been updated as above.
>>>>>
>>>>>
>>>>>
>>>>> Best regards,
>>>>>
>>>>>
>>>>>
>>>>> Karen Lentz
>>>>>
>>>>> ICANN
>>>>>
>>>>>
>>>>>
>>>>> From: Mike O'Connor [mailto:mike at haven2.com]
>>>>> Sent: Friday, November 30, 2012 2:00 PM
>>>>> To: James M. Bladel
>>>>> Cc: Jeff Eckhaus; Antony Van Couvering; Karen Lentz; Robin  
>>>>> Gross; Fadi Chehade; Marilyn Cade; Bret Fausett; Alan  
>>>>> Greenberg; Ben Anderson; Bryce Coughlin; Chris Wright; Elisa  
>>>>> Cooper; evan at telly.org; Fabricio Vayra; Fred Felman; Gerald  
>>>>> Depardo; Gustavo Lozano; J. Scott Evans;  
>>>>> Jeff.Neuman at neustar.us; Jim Waldron; joris.goiris at be.ibm.com;  
>>>>> Jon Nevett; Jonathan Robinson; Kathy Kleinman; Kathy Kleiman;  
>>>>> Kathryn Park; Konstantine Komaitis; Kristina Rosette; Martin  
>>>>> Sutton; Matt Serlin; SARAH.B.DEUTSCH at verizon.com; Susan K;  
>>>>> Steve Metalitz; Steve Delbianco; Tony Holmes;  
>>>>> vfolens at deloitte.com; harris at cabase.org.ar; Wendy Seltzer;  
>>>>> wim_fabri at be.ibm.com; johudson at deloitte.com;  
>>>>> elainepruis at gmail.com; jgould at verisign.com; Francisco Arias;  
>>>>> Akram Atallah; Christine Willett; Margie Milam; John Jeffrey;  
>>>>> David Olive
>>>>> Subject: Re: follow up/and scheduling
>>>>>
>>>>>
>>>>>
>>>>> hi all,
>>>>>
>>>>>
>>>>>
>>>>> i was a little surprised to see this on in the "implementation"  
>>>>> pile as well.  here are my notes from that section of the  
>>>>> call.  sorry they're so sketchy.  the call was not recorded  
>>>>> (which i think we should change in the future but that's above  
>>>>> my pay grade).
>>>>>
>>>>>
>>>>>
>>>>> Scope of TM claims
>>>>>
>>>>> conflicts with STI
>>>>> "identical match" question
>>>>> expands the scope beyond what is recommended by STI
>>>>> +- "timeline visibility" from ICANN may help with that
>>>>>
>>>>> reduced prices for typos - like .NU
>>>>> +- proposes limit of 50
>>>>> not found in STI discussion
>>>>> +- things that have been known to be abusively registrered
>>>>> UDRP, court record, NOT URS
>>>>> GNSO Council to give advice
>>>>>
>>>>>
>>>>> On Nov 30, 2012, at 3:56 PM, "James M. Bladel"  
>>>>> <jbladel at godaddy.com> wrote:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> I share the concerns raised by Jeff, Robin and others, and  
>>>>> believe there would be value in seeing how Fadi / Staff arrived  
>>>>> at this determination.
>>>>>
>>>>>
>>>>> Thanks--
>>>>>
>>>>>
>>>>> J.
>>>>>
>>>>>
>>>>>
>>>>> -------- Original Message --------
>>>>> Subject: Re: follow up/and scheduling
>>>>> From: Jeff Eckhaus <eckhaus at demandmedia.com>
>>>>> Date: Fri, November 30, 2012 3:47 pm
>>>>> To: Antony Van Couvering <avc at tldh.org>, Karen Lentz
>>>>> <karen.lentz at icann.org>
>>>>> Cc: Robin Gross <robin at ipjustice.org>, Fadi Chehade
>>>>> <fadi.chehade at icann.org>, Marilyn Cade  
>>>>> <marilynscade at hotmail.com>, Bret
>>>>> Fausett <bret at internet.pro>, Alan Greenberg  
>>>>> <alan.greenberg at mcgill.ca>,
>>>>> Ben Anderson <ben.anderson at groupnbt.com>, Bryce Coughlin
>>>>> <bryce.coughlin at fox.com>, Chris Wright  
>>>>> <chris at ausregistry.com.au>, Elisa
>>>>> Cooper <elisa.cooper at markmonitor.com>, "evan at telly.org"
>>>>> <evan at telly.org>, Fabricio Vayra  
>>>>> <fabricio.vayra at timewarner.com>, Fred
>>>>> Felman <frederick.felman at markmonitor.com>, Gerald Depardo
>>>>> <gdepardo at travelers.com>, Gustavo Lozano  
>>>>> <gustavo.lozano at icann.org>, "J.
>>>>> Scott Evans" <jscottevans at yahoo.com>, James Bladel
>>>>> <jbladel at godaddy.com>, "Jeff.Neuman at neustar.us"
>>>>> <jeff.neuman at neustar.us>, Jim Waldron <jwaldron at verisign.com>,
>>>>> "joris.goiris at be.ibm.com" <joris.goiris at be.ibm.com>, Jon Nevett
>>>>> <jon at donuts.co>, Jonathan Robinson  
>>>>> <jonathan.robinson at ipracon.com>,
>>>>> Kathy Kleinman <kleiman at fhhlaw.com>, Kathy Kleiman
>>>>> <kathy at kathykleiman.com>, Kathryn Park <kathryn.park at ge.com>,
>>>>> Konstantine Komaitis <k.komaitis at strath.ac.uk>, Kristina Rosette
>>>>> <krosette at cov.com>, Martin Sutton <martinsutton at hsbc.com>, Matt  
>>>>> Serlin
>>>>> <matt.serlin at markmonitor.com>, Mike O'Connor <mike at haven2.com>,
>>>>> "SARAH.B.DEUTSCH at verizon.com" <sarah.b.deutsch at verizon.com>,  
>>>>> Susan K
>>>>> <susank at fb.com>, Steve Metalitz <met at msk.com>, Steve Delbianco
>>>>> <sdelbianco at netchoice.org>, Tony Holmes  
>>>>> <tonyarholmes at btinternet.com>,
>>>>> "vfolens at deloitte.com" <vfolens at deloitte.com>,  
>>>>> "harris at cabase.org.ar"
>>>>> <harris at cabase.org.ar>, Wendy Seltzer <wendy at seltzer.com>,
>>>>> "wim_fabri at be.ibm.com" <wim_fabri at be.ibm.com>,  
>>>>> "johudson at deloitte.com"
>>>>> <johudson at deloitte.com>, "elainepruis at gmail.com"
>>>>> <elainepruis at gmail.com>, "jgould at verisign.com"  
>>>>> <jgould at verisign.com>,
>>>>> Francisco Arias <francisco.arias at icann.org>, Akram Atallah
>>>>> <akram.atallah at icann.org>, Christine Willett
>>>>> <christine.willett at icann.org>, Margie Milam  
>>>>> <Margie.Milam at icann.org>,
>>>>> John Jeffrey <john.jeffrey at icann.org>, David Olive
>>>>> <david.olive at icann.org>
>>>>>
>>>>> Karen,
>>>>>
>>>>>
>>>>>
>>>>> A follow-up to Robin's and Antony's message on this topic and  
>>>>> maybe the same question.  You stated that you believed that  
>>>>> this third term  was consistent with the policy and thus  
>>>>> considered implementation. I still would like to see the  
>>>>> rationale behind the decision that this is considered the  
>>>>> policy, and really what policy is this consistent with? It is  
>>>>> very unclear and I think that a document that explains the  
>>>>> policy and the thought process behind it would be very helpful.  
>>>>> Also maybe if you could tie it into the slide that Margie put  
>>>>> up on the screen on what is considered policy , that would be a  
>>>>> big help
>>>>>
>>>>>
>>>>>
>>>>> Thanks
>>>>>
>>>>>
>>>>>
>>>>> Jeff
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> From: Antony Van Couvering <avc at tldh.org>
>>>>> To: Karen Lentz <karen.lentz at icann.org>
>>>>> Cc: Robin Gross <robin at IPJUSTICE.ORG>, Fadi Chehade  
>>>>> <fadi.chehade at icann.org>, Jeffrey Eckhaus  
>>>>> <eckhaus at demandmedia.com>, Marilyn Cade  
>>>>> <marilynscade at hotmail.com>, Bret Fausett <bret at internet.pro>,  
>>>>> Alan Greenberg <alan.greenberg at mcgill.ca>, Ben Anderson  
>>>>> <ben.anderson at groupnbt.com>, Bryce Coughlin  
>>>>> <bryce.coughlin at fox.com>, Chris Wright  
>>>>> <chris at ausregistry.com.au>, Elisa Cooper  
>>>>> <elisa.cooper at markmonitor.com>, "evan at telly.org"  
>>>>> <evan at telly.org>, Fabricio Vayra  
>>>>> <fabricio.vayra at timewarner.com>, Fred Felman  
>>>>> <frederick.felman at markmonitor.com>, Gerald Depardo  
>>>>> <gdepardo at travelers.com>, Gustavo Lozano  
>>>>> <gustavo.lozano at icann.org>, "J. Scott Evans"  
>>>>> <jscottevans at yahoo.com>, James Bladel <jbladel at godaddy.com>,  
>>>>> Jeff Neuman <Jeff.Neuman at neustar.us>, "'Waldron, Joe'"  
>>>>> <jwaldron at verisign.com>, "joris.goiris at be.ibm.com"  
>>>>> <joris.goiris at be.ibm.com>, Jon Nevett <jon at donuts.co>, Jonathan  
>>>>> Robinson <jonathan.robinson at ipracon.com>, Kathy Kleinman  
>>>>> <kleiman at fhhlaw.com>, Kathy Kleiman <Kathy at KathyKleiman.com>,  
>>>>> Kathryn Park <kathryn.park at ge.com>, Konstantine Komaitis  
>>>>> <k.komaitis at strath.ac.uk>, Kristina Rosette <krosette at cov.com>,  
>>>>> Martin Sutton <martinsutton at hsbc.com>, Matt Serlin  
>>>>> <matt.serlin at markmonitor.com>, Mike O'Connor <mike at haven2.com>,  
>>>>> "SARAH.B.DEUTSCH at verizon.com" <sarah.b.deutsch at verizon.com>,  
>>>>> Susan K <susank at fb.com>, Steve Metalitz <met at msk.com>, Steve  
>>>>> Delbianco <sdelbianco at netchoice.org>, Tony Holmes  
>>>>> <tonyarholmes at btinternet.com>, "vfolens at deloitte.com"  
>>>>> <vfolens at deloitte.com>, "harris at cabase.org.ar"  
>>>>> <harris at cabase.org.ar>, Wendy Seltzer <wendy at seltzer.com>,  
>>>>> "wim_fabri at be.ibm.com" <wim_fabri at be.ibm.com>,  
>>>>> "johudson at deloitte.com" <johudson at deloitte.com>,  
>>>>> "elainepruis at gmail.com" <elainepruis at gmail.com>,  
>>>>> "jgould at verisign.com" <jgould at verisign.com>, Francisco Arias  
>>>>> <francisco.arias at icann.org>, Akram Atallah  
>>>>> <akram.atallah at icann.org>, Christine Willett  
>>>>> <christine.willett at icann.org>, Margie Milam  
>>>>> <Margie.Milam at icann.org>, John Jeffrey  
>>>>> <john.jeffrey at icann.org>, David Olive <david.olive at icann.org>
>>>>> Subject: Re: follow up/and scheduling
>>>>>
>>>>>
>>>>>
>>>>> Hi Karen,
>>>>>
>>>>>
>>>>>
>>>>> Thanks for the clarification. I had a question very similar to  
>>>>> Robin's, so I'm glad she asked it.
>>>>>
>>>>>
>>>>>
>>>>> Clearly anything that treats of protecting intellectual  
>>>>> property rights is "consistent" with existing policy, and hence  
>>>>> from one perspective almost any measure, no matter how extreme,  
>>>>> could be considered implementation.
>>>>>
>>>>>
>>>>>
>>>>> I would have hoped, however, that had progressed beyond such  
>>>>> niceties.  Fadi very clearly said during our meeting that he  
>>>>> was "not comfortable" calling this an implementation detail and  
>>>>> that it was "clearly" a policy matter, and so Robin was not the  
>>>>> only one to have been startled to find the opposite emphasis in  
>>>>> the blog post.  Unfortunately these ambiguities tend the fray  
>>>>> the trust that Fadi has worked so hard to build.
>>>>>
>>>>>
>>>>>
>>>>> On another note, I see that the comment forum is up at the link  
>>>>> you provided, but there is no link to the proposal itself.
>>>>>
>>>>>
>>>>>
>>>>> With best regards,
>>>>>
>>>>>
>>>>>
>>>>> Antony
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On Nov 30, 2012, at 12:14 PM, Karen Lentz wrote:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Robin,
>>>>>
>>>>>
>>>>>
>>>>> Thank you for your message.  If I can offer some  
>>>>> clarification:  on Monday’s call we discussed this third item  
>>>>> (inclusion of strings previously found to have been abusively  
>>>>> registered or used) as something that is consistent with the  
>>>>> policy and could be considered  implementation.  However, given  
>>>>> the work of the STI and the number of discussions held on this  
>>>>> in the past, we were not comfortable proceeding without the  
>>>>> guidance of the GNSO council.  This is also what is stated in  
>>>>> the blog, so there is no change from the position on the call.
>>>>>
>>>>>
>>>>>
>>>>> Also, FYI, as discussed on Monday, the strawman is posted for  
>>>>> public comment, and can be found here:  http://www.icann.org/en/ 
>>>>> news/public-comment/tmch-strawman-30nov12-en.htm
>>>>>
>>>>> Best regards,
>>>>>
>>>>>
>>>>>
>>>>> Karen Lentz
>>>>>
>>>>> ICANN
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> From: Robin Gross [mailto:robin at ipjustice.org]
>>>>> Sent: Friday, November 30, 2012 9:59 AM
>>>>> To: Fadi Chehade
>>>>> Cc: Jeff Eckhaus; Marilyn Cade; Bret Fausett;  
>>>>> avc at mindsandmachines.com; Alan Greenberg; Ben Anderson; Bryce  
>>>>> Coughlin; Chris Wright; Elisa Cooper; evan at telly.org; Fabricio  
>>>>> Vayra; Fred Felman; Gerald Depardo; Gustavo Lozano; J. Scott  
>>>>> Evans; James Bladel; Jeff.Neuman at neustar.us; Jim Waldron;  
>>>>> joris.goiris at be.ibm.com; Jon Nevett; Jonathan Robinson; Kathy  
>>>>> Kleinman; Kathy Kleiman; Kathryn Park; Konstantine Komaitis;  
>>>>> Kristina Rosette; Martin Sutton; Matt Serlin; Mike O'Connor;  
>>>>> SARAH.B.DEUTSCH at verizon.com; Susan K; Steve Metalitz; Steve  
>>>>> Delbianco; Tony Holmes;  
>>>>> vfolens at deloitte.com;harris at cabase.org.ar; Wendy Seltzer;  
>>>>> wim_fabri at be.ibm.com; johudson at deloitte.com;  
>>>>> elainepruis at gmail.com; jgould at verisign.com; Karen Lentz;  
>>>>> Francisco Arias; Akram Atallah; Christine Willett; Margie  
>>>>> Milam; John Jeffrey; David Olive
>>>>> Subject: Re: follow up/and scheduling
>>>>>
>>>>>
>>>>>
>>>>> Dear Fadi,
>>>>>
>>>>>
>>>>>
>>>>> Thank you for the update.  However, I'm confused about  
>>>>> something the blog report of the meeting states because it  
>>>>> differs from my understanding of Monday's conversation on the  
>>>>> issue, so I was hoping you could clarify the issue.
>>>>>
>>>>>
>>>>>
>>>>> I thought you had said on Monday's call that the proposal to  
>>>>> expand the scope of trademark claims to so-called abused TM's 
>>>>> +50 was "deemed policy" by staff, a position with which many of  
>>>>> us agree.
>>>>>
>>>>>
>>>>>
>>>>> However in this week's blog report about the meeting, it states  
>>>>> under the Scope of Trademark Claims issue that expanding claims  
>>>>> to so-called abused TMs+50 "can be considered  
>>>>> implementation..." - an interpretation with significantly  
>>>>> different ramifications.
>>>>>
>>>>>
>>>>>
>>>>> Has staff shifted its view from Monday's call on this issue and  
>>>>> no longer considers expanding the scope of TM claims to be a  
>>>>> policy matter, but is now deemed to be an implementation issue  
>>>>> instead?  I think a number of us on the call would have  
>>>>> objected at that time had we been told staff was going to deem  
>>>>> this particular proposal as implementation (as opposed to  
>>>>> policy) because the creation of this new policy out of whole  
>>>>> cloth presents serious impacts to many stakeholders and  
>>>>> requires a legitimate policy development process to sort  
>>>>> through them.
>>>>>
>>>>>
>>>>>
>>>>> Could you please clarify staff's apparent re-classification of  
>>>>> this proposal as implementation since Monday's call, as that  
>>>>> classification bears significant ramifications?
>>>>>
>>>>>
>>>>>
>>>>> Thank you,
>>>>>
>>>>> Robin
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> On Nov 29, 2012, at 3:17 PM, Fadi Chehade wrote:
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Colleagues,
>>>>>
>>>>>
>>>>>
>>>>> With regret, we are not ready to have a call tomorrow. Our  
>>>>> contract negotiations are ongoing and we are likely to need  
>>>>> another week to finalize with IBM. My sincere apologies.
>>>>>
>>>>>
>>>>>
>>>>> Cassia- please setup our last informational call for this group  
>>>>> at 8am on Tuesday December 11.
>>>>>
>>>>>
>>>>>
>>>>> Thanks in advance to all of you and apologies for the delay.
>>>>>
>>>>>
>>>>>
>>>>> Best
>>>>>
>>>>> Fadi
>>>>>
>>>>>
>>>>> On Nov 29, 2012, at 2:03 PM, "Jeff Eckhaus"  
>>>>> <eckhaus at demandmedia.com> wrote:
>>>>>
>>>>> I agree a call may be difficult , but hope that one of the  
>>>>> agreed upon asks I had from the call could be followed up via  
>>>>> email. I had asked and Fadi agreed to send  the rationale and  
>>>>> the supporting documentation that led to the ICANN decision  
>>>>> that the mandatory Claims 2, is an implementation decision and  
>>>>> not a policy decision.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Thanks
>>>>>
>>>>>
>>>>>
>>>>> Jeff
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> From: Marilyn Cade <marilynscade at hotmail.com>
>>>>> To: Bret Fausett <bret at internet.pro>, Fadi Chehade  
>>>>> <fadi.chehade at icann.org>, Antony Van Couvering  
>>>>> <avc at mindsandmachines.com>, Alan Greenberg  
>>>>> <alan.greenberg at mcgill.ca>, Ben Anderson  
>>>>> <ben.anderson at groupnbt.com>, Bryce Coughlin  
>>>>> <bryce.coughlin at fox.com>, Chris Wright  
>>>>> <chris at ausregistry.com.au>, Elisa Cooper  
>>>>> <elisa.cooper at markmonitor.com>, "evan at telly.org"  
>>>>> <evan at telly.org>, Fabricio Vayra  
>>>>> <fabricio.vayra at timewarner.com>, Fred Felman  
>>>>> <frederick.felman at markmonitor.com>, Gerald Depardo  
>>>>> <gdepardo at travelers.com>, "gustavo.lozano at icann.org"  
>>>>> <gustavo.lozano at icann.org>, "J. Scott Evans"  
>>>>> <jscottevans at yahoo.com>, James Bladel <jbladel at godaddy.com>,  
>>>>> Jeffrey Eckhaus <eckhaus at demandmedia.com>, Jeff Neuman  
>>>>> <Jeff.Neuman at neustar.us>, "'Waldron, Joe'"  
>>>>> <jwaldron at verisign.com>, "joris.goiris at be.ibm.com"  
>>>>> <joris.goiris at be.ibm.com>, Jon Nevett <jon at donuts.co>, Jonathan  
>>>>> Robinson <jonathan.robinson at ipracon.com>, Kathy Kleinman  
>>>>> <kleiman at fhhlaw.com>, Kathy Kleiman <Kathy at KathyKleiman.com>,  
>>>>> Kathryn Park <kathryn.park at ge.com>, Konstantine Komaitis  
>>>>> <k.komaitis at strath.ac.uk>, Kristina Rosette <krosette at cov.com>,  
>>>>> Martin Sutton <martinsutton at hsbc.com>, Matt Serlin  
>>>>> <matt.serlin at markmonitor.com>, Mike O'Connor <mike at haven2.com>,  
>>>>> Robin Gross <robin at IPJUSTICE.ORG>,  
>>>>> "SARAH.B.DEUTSCH at verizon.com" <sarah.b.deutsch at verizon.com>,  
>>>>> Susan K <susank at fb.com>, Steve Metalitz <met at msk.com>, Steve  
>>>>> Delbianco <sdelbianco at netchoice.org>, Tony Holmes  
>>>>> <tonyarholmes at btinternet.com>, "vfolens at deloitte.com"  
>>>>> <vfolens at deloitte.com>, "harris at cabase.org.ar"  
>>>>> <harris at cabase.org.ar>, Wendy Seltzer <wendy at seltzer.com>,  
>>>>> "wim_fabri at be.ibm.com" <wim_fabri at be.ibm.com>,  
>>>>> "johudson at deloitte.com" <johudson at deloitte.com>,  
>>>>> "elainepruis at gmail.com" <elainepruis at gmail.com>,  
>>>>> "jgould at verisign.com" <jgould at verisign.com>
>>>>> Cc: Karen Lentz <karen.lentz at icann.org>, Francisco Arias  
>>>>> <francisco.arias at icann.org>, Akram Atallah  
>>>>> <akram.atallah at icann.org>, Christine Willett  
>>>>> <christine.willett at icann.org>, Margie Milam  
>>>>> <Margie.Milam at icann.org>, John Jeffrey  
>>>>> <john.jeffrey at icann.org>, David Olive <david.olive at icann.org>
>>>>> Subject: follow up/and scheduling
>>>>>
>>>>>
>>>>>
>>>>> Status request:
>>>>>
>>>>> At this point, as I am traveling to Dubai for ITU WCIT, my  
>>>>> Friday is extremely limited in availability. I can only do a  
>>>>> call from 1-3 p.m  due to travel and previous commitments, but
>>>>>
>>>>> of more importance is that short notice prevents all of us to  
>>>>> plan. But that is only an illustration of how hard it is to  
>>>>> schedule on short notice. I suspect/expect others are more  
>>>>> limited than I am!
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> A call next week will fall while I am in Dubai, and I see at  
>>>>> least one other person from this group also there.
>>>>>
>>>>>
>>>>>
>>>>> Can we have a few days notice, and some time slots, so that all  
>>>>> of us can plan accordingly to ensure that we can participate?
>>>>>
>>>>>
>>>>>
>>>>> Marilyn Cade
>>>>>
>>>>> From: bret at internet.pro
>>>>> To: fadi.chehade at icann.org; avc at mindsandmachines.com;  
>>>>> alan.greenberg at mcgill.ca; Ben.Anderson at GroupNBT.com;  
>>>>> Bryce.Coughlin at fox.com;chris at ausregistry.com.au;  
>>>>> elisa.cooper at markmonitor.com; evan at telly.org;  
>>>>> Fabricio.Vayra at timewarner.com;  
>>>>> frederick.felman at markmonitor.com;gdepardo at travelers.com;  
>>>>> gustavo.lozano at icann.org; jscottevans at yahoo.com;  
>>>>> jbladel at godaddy.com; eckhaus at demandmedia.com;  
>>>>> Jeff.Neuman at neustar.us;jwaldron at verisign.com;  
>>>>> joris.goiris at be.ibm.com; jon at donuts.co;  
>>>>> jonathan.robinson at ipracon.com; kleiman at fhhlaw.com;  
>>>>> Kathy at KathyKleiman.com;Kathryn.Park at ge.com;  
>>>>> k.komaitis at strath.ac.uk; krosette at cov.com;  
>>>>> marilynscade at hotmail.com; martinsutton at hsbc.com;  
>>>>> matt.serlin at markmonitor.com;mike at haven2.com;  
>>>>> robin at ipjustice.org; sarah.b.deutsch at verizon.com;  
>>>>> susank at fb.com; met at msk.com; sdelbianco at netchoice.org;  
>>>>> tonyarholmes at btinternet.com;vfolens at deloitte.com;  
>>>>> harris at cabase.org.ar; wendy at seltzer.com; wim_fabri at be.ibm.com;  
>>>>> johudson at deloitte.com; elainepruis at gmail.com; JGould at verisign.com
>>>>> CC: karen.lentz at icann.org; francisco.arias at icann.org;  
>>>>> akram.atallah at icann.org; christine.willett at icann.org;  
>>>>> Margie.Milam at icann.org;  
>>>>> john.jeffrey at icann.org;david.olive at icann.org
>>>>> Date: Thu, 29 Nov 2012 15:36:34 -0600
>>>>> Subject: Re: Monday Informational Call
>>>>>
>>>>> Just following up on this. If I recall correctly, we were  
>>>>> looking at a follow-up call tomorrow (Friday, Nov. 30th)? Just  
>>>>> want to make sure I didn't miss something. Please let me know  
>>>>> if plans have changed.
>>>>>
>>>>>
>>>>>
>>>>> Kind regards,
>>>>>
>>>>>
>>>>>
>>>>>            Bret
>>>>>
>>>>>
>>>>>
>>>>> --
>>>>>
>>>>> Bret Fausett, Esq.
>>>>> Internet Pro APC
>>>>> 4640 Admiralty Way, 5th Floor
>>>>> Marina del Rey, California 90292
>>>>> (310) 496-5755 (Office) | (310) 985-1351 (Mobile)
>>>>> bret at internet.pro | www.internet.pro
>>>>>
>>>>> PGP Key Published at https://keyserver.pgp.com
>>>>>
>>>>> S/MIME Encryption Upon Request
>>>>>
>>>>>
>>>>>
>>>>> CONFIDENTIAL AND PRIVILEGED INFORMATION
>>>>>
>>>>> This email may contain confidential and privileged material for  
>>>>> the sole use of the intended recipient. Any review, use  
>>>>> distribution or disclosure by others is strictly prohibited. If  
>>>>> you are not the intended recipient, please email sender and  
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>>>>>
>>>>>
>>>>>
>>>>> IRS Circular 230 Disclosure: To insure compliance with  
>>>>> requirements by the IRS, we inform you that any U.S. tax advice  
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>>>>> not intended or written to be used, and cannot be used, for the  
>>>>> purpose of (i) avoiding penalties under the Internal Revenue  
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>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Please NOTE: This electronic message, including any  
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>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> IP JUSTICE
>>>>>
>>>>> Robin Gross, Executive Director
>>>>>
>>>>> 1192 Haight Street, San Francisco, CA  94117  USA
>>>>>
>>>>> p: +1-415-553-6261    f: +1-415-462-6451
>>>>>
>>>>> w: http://www.ipjustice.org     e: robin at ipjustice.org
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> Please NOTE: This electronic message, including any  
>>>>> attachments, may include privileged, confidential and/or inside  
>>>>> information owned by Demand Media, Inc. Any distribution or use  
>>>>> of this communication by anyone other than the intended  
>>>>> recipient(s) is strictly prohibited and may be unlawful. If you  
>>>>> are not the intended recipient, please notify the sender by  
>>>>> replying to this message and then delete it from your system.  
>>>>> Thank you.
>>>>>
>>>>>
>>>>>
>>>>>
>>>>> PHONE: 651-647-6109, FAX: 866-280-2356, WEB: www.haven2.com,  
>>>>> HANDLE: OConnorStP (ID for Twitter, Facebook, LinkedIn, etc.)
>>>>>
>>>>>
>>>>>
>>>
>>>
>>>
>>>
>>> IP JUSTICE
>>> Robin Gross, Executive Director
>>> 1192 Haight Street, San Francisco, CA  94117  USA
>>> p: +1-415-553-6261    f: +1-415-462-6451
>>> w: http://www.ipjustice.org     e: robin at ipjustice.org
>>>
>>>
>>>
>
>
>
>
> IP JUSTICE
> Robin Gross, Executive Director
> 1192 Haight Street, San Francisco, CA  94117  USA
> p: +1-415-553-6261    f: +1-415-462-6451
> w: http://www.ipjustice.org     e: robin at ipjustice.org
>
>
>




IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
w: http://www.ipjustice.org     e: robin at ipjustice.org



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