[PC-NCSG] Community frustrated by staff's continued rogue policymaking to benefit IPC-BC at expense of other legitimate interests

[Robin Gross]

I must say:  I do concur with what Volker	 Greimann has to say on the  
GNSO Council list regarding ICANN's strawman proposals for additional  
RPM's:
    http://gnso.icann.org/mailing-lists/archives/council/msg13886.html

Jon Nevitt also wrote a powerful critique of staff's strawman today,  
which was sent to the working group and will soon be published in  
Circle ID.

I'm additionally concerned that staff has conceded further to the IPC- 
BC demands than what was presented on Monday's call on the issue of  
the expanding the scope of claims to so-called abused TM+50.  That is  
creating a huge new policy with significant impacts to lots of  
stakeholders out of whole cloth.  During Monday's call, Fadi said  
that he and staff had deemed that particular proposal to be policy,  
and thus not part of the strawman, since staff can't create policy.   
But then in yesterday's blog report on the meeting, the expansion of  
the scope of TM claims is quietly relabeled implementation, meaning  
it can go into staff's strawman proposal for new RPM's.   So it seems  
there were even further concessions made to IPC-BC following Monday's  
call.   My own straw-poll of the community members on Monday's call  
confirmed my understanding of Monday's staff presentation of the  
proposal to expand claims as policy, so this further concession /  
change concerns me deeply.  (It is also explicitly contrary to what  
ICANN told NTIA on the issue a few weeks ago).

NCSG is not alone in being frustrated by this extra-judicial  
policymaking by ICANN staff in the guise of implementation.  I don't  
think the community is going to accept staff's proposal and it will  
backfire on staff because they are trying to create new policy at the  
last minute to benefit the IPC-BC at the expense of all the other  
stakeholders, and will be called on it.   Staff is setting a terrible  
precedent for future policy work - but it is also meeting significant  
resistance from the community, so won't be easily swallowed.  The  
honeymoon is over and ICANN's new CEO is already skating on thin ice  
with many sectors of the ICANN community by the gross mis-handling of  
this issue.

Best,
Robin



IP JUSTICE
Robin Gross, Executive Director
1192 Haight Street, San Francisco, CA  94117  USA
p: +1-415-553-6261    f: +1-415-462-6451
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