RE: [council] GNSO Council Meeting with ICANN Board

["Winterfeldt, Brian J." <brian.winterfeldt@xxxxxxxxxxxxx>]

Dear Brett:

Thank you for the suggestion.  However, contrary to the insinuation, my comment 
is not advanced on behalf of any one client or in respect to any one case.

Based on public comments and statements made here in Singapore, I was under the 
impression that a considerable portion of the community saw the proposed review 
mechanism as problematic for a variety of reasons including its scope and, 
conversely, its very existence.

Perhaps you would like to lead any discussion with the Board on this issue 
instead, given the Uniregistry public 
comment<http://forum.icann.org/lists/comments-sco-framework-principles-11feb14/msg00018.html>
 on this issue, portions of which I am personally inclined to agree with.

The proposal to further  reconsider these decisions on what appears to be an 
arbitrary selection basis for such reconsideration is an invitation for all 
parties dissatisfied with outcomes to lobby for ad-hoc changes to the new TLD 
process.

* * * *

We believe the more efficient view, however, is to allow the opinions to stand, 
as they are, and resolve the contentions as described above, which does not 
require any extraordinary intervention by ICANN.

Ultimately, to the extent that the Council addresses "the success (or not) of 
the new gTLD program" per the proposed agenda, I thought the pending SCO review 
proposal should at least receive mention for consideration.

Thank you,

Brian

Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3562 f / (202) 339-8244
brian.winterfeldt@xxxxxxxxxxxxx<mailto:brian.winterfeldt@xxxxxxxxxxxxx> / 
www.kattenlaw.com<http://www.kattenlaw.com/>

From: owner-council@xxxxxxxxxxxxxx<mailto:owner-council@xxxxxxxxxxxxxx> 
[mailto:owner-council@xxxxxxxxxxxxxx] On Behalf Of Bret Fausett
Sent: Sunday, March 23, 2014 11:30 AM
To: council@xxxxxxxxxxxxxx<mailto:council@xxxxxxxxxxxxxx>
Subject: Re: RE: [council] GNSO Council Meeting with ICANN Board

On Mar 23, 2014, at 10:40 AM, Winterfeldt, Brian J. 
<brian.winterfeldt@xxxxxxxxxxxxx<mailto:brian.winterfeldt@xxxxxxxxxxxxx>> wrote:
*  An ad hoc, unbalanced and unduly narrow proposed SCO review mechanism.

Brian, if you speak on this, can you please identify yourself as counsel for 
Google in the CAR/CARS and other plurals disputes?

At Uniregistry, we obviously have a different view on this. Having prevailed in 
all of our disputes, we do not believe it is appropriate, or contractually 
permissible, to ask us to reargue them. If we have one side of this issue 
articulated to the Board, you'll need to put me in the queue to provide the 
counter view.

         Bret

--
Bret Fausett, Esq. * General Counsel, Uniregistry, Inc.
12025 Waterfront Drive, Suite 200 * Playa Vista, CA 90094-2536
310-496-5755 (T) * 310-985-1351 (M) * 
bret@xxxxxxxxxxxxxxx<mailto:bret@xxxxxxxxxxxxxxx>
- - - - -


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