[PC-NCSG] TMCH etc.

Thu Oct 25 15:38:02 EEST 2012

Robin and all, sorry again that I can't join the call this morning due to classes. I forgot to add that - per your response to Fadi - I would be more than happy to participate remotely for the upcoming Brussels meeting, so they should at least make that possible for those of us in the community who can't attend in person. 

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 7:21 PM 

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

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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