[PC-NCSG] ncsg response to IPC/BC 8-pt demands to re-open consensus positions

[Robin Gross]

Appreciate your thoughts, Mary.

We have a call set for 8:00 AM PST tomorrow (Thursday) to discuss  
this further.  I hope you all will join in the call and / or post  
your views to this list so we can formulate a response to the IPC  
proposal to re-open the consensus provisions by this time next week.

Call-in numbers:
    http://ipjustice.org/ICANN/NCSG/NCSG_Passcodes.htm

Passcode:  NCSG

Best,
Robin



On Oct 24, 2012, at 2:05 PM, <Mary.Wong at law.unh.edu>  
<Mary.Wong at law.unh.edu> wrote:

> Thanks, Robin. I can't make the suggested time tomorrow due to  
> classes, so here are a few hasty thoughts:
>
> - when I read Steve's letter, I didn't have much of a problem with  
> some of the points, e.g. 1, 2, 3 & 7. I was very curious about 4 -  
> it is not clear what they are working on in this respect. We  
> obviously take issue with 5, and I'm not sure what we think about  
> 6. For point 8, it's an attempt to extend the "identical match"  
> language in the TMCH process so we should oppose it, for that  
> reason as well as the fact that it will be objectively difficult,  
> if not impossible, to determine what is abusive.
>
> Cheers
> Mary
>
>
> Mary W S Wong
> Professor of Law
> Director, Franklin Pierce Center for IP
> Chair, Graduate IP Programs
> UNIVERSITY OF NEW HAMPSHIRE SCHOOL OF LAW
> Two White Street
> Concord, NH 03301
> USA
> Email: mary.wong at law.unh.edu
> 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:
> Robin Gross <robin at ipjustice.org>
> To:
> NCSG-Policy <PC-NCSG at ipjustice.org>
> Date:
> 10/24/2012 3:18 PM
> Subject:
> [PC-NCSG] ncsg response to IPC/BC 8-pt demands to re-open consensus  
> positions
> Dear NCSG PC Members:
>
> We should formulate a response to the IPC/BC 8-point demand letter  
> to ICANN to re-open the compromises agreed to by the entire GNSO  
> (including the IPC and BC).  Their 8 points are below.
>
> ADDITIONALLY, I understand that they will make new and bigger  
> demands next week for changes in URS and TMC policy including auto- 
> take-downs of domain names without any due process of law - no  
> human actually looking at a domain or a complaint or considering  
> the registrant's rights before the domain names will be taken  
> down.  This is a major change from what the URS currently says (and  
> what due process protections require)
>
> So IPC and BC are working very hard right now and putting enormous  
> pressure on ICANN to change the provisions in the guidebook to  
> match their wish-list.  This is so problematic on so many levels.   
> That IPC/BC take what they get in the compromises of others and  
> uses it as footholds to claw at more and more rights, which were  
> part of the compromise in the first place.  Right now, staff is  
> only hearing the IPC and BC on these issues and is attempting a  
> last minute coup to undue all of the hard fought compromises by all  
> members of the community.   This is exactly why it is hard to ICANN  
> policy making seriously sometimes: Last minute end-run lobbying by  
> the strongest army gets its way in the end.
>
> So I'd like to organize a call for tomorrow to discuss these  
> proposals and how we can respond.   Can folks make a call at 8am  
> PST tomorrow (Thursday) to review these proposals and formulate a  
> response?
>
> Thanks,
> Robin
>
> The current list of new demands from IPC & BC (8 points):
>     http://www.icann.org/en/news/correspondence/metalitz-to- 
> pritz-17oct12-en
>
> Consensus Position of Business Constituency and Intellectual  
> Property Constituency
> Presented: October 16, 2012
> 1. Extend Sunrise Launch Period from 30 to 60 days with a  
> standardized process.
> 2. Extend the TMCH and Claims Notices for an indefinite period;  
> ensure the process is easy to use, secure, and stable.
> 3. Complete the URS as a low cost alternative and improve its  
> usefulness - if necessary, ICANN could underwrite for an initial  
> period.
> 4. Implement a mechanism for trademark owners to prevent second- 
> level registration of their marks (exact matches, plus character  
> strings previously determined to have been abusively registered or  
> used) across all registries, upon payment of a reasonable fee, with  
> appropriate safeguards for registrants with a legitimate right or  
> interest.
> 5. Validate contact information for registrants in WHOIS.
> 6. All registrars active in new gTLD registrations must adhere to  
> an amended RAA for all gTLD registrations they sponsor.
> 7. Enforce compliance of all registry commitments for Standard  
> applications.
> 8. Expand TM Claims service to cover at least strings previously  
> found to have been abusively registered or used.
>
>
>
>
>
> 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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