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Re: [council] New draft ToR for PDP on contractual conditions for existing gTLDs
- To: "Maria Farrell" <maria.farrell@xxxxxxxxx>
- Subject: Re: [council] New draft ToR for PDP on contractual conditions for existing gTLDs
- From: Avri Doria <avri@xxxxxxx>
- Date: Sun, 19 Feb 2006 21:24:12 +0100
- Cc: GNSO Council <council@xxxxxxxxxxxxxx>
- In-reply-to: <000601c63590$61f867b0$0401a8c0@scarlet>
- References: <000601c63590$61f867b0$0401a8c0@scarlet>
- Sender: owner-council@xxxxxxxxxxxxxx
Hi,
I tend to think that privacy rights should be specifically
enumerated. I don't fully understand the notion of registries having
any proprietary rights to registry information, though I expect they
do receive some use rights.
This may be a case for enumerated several rights; i.e.
"and which rights, including but not limited to, privacy and use
rights ..."
I also have trouble with the word exists. What does it mean for a
right to exist in something? I am not, obviously, one of the lawyers
in the council, but i would think that this set of possible rights
'pertain to' or are 'associated with' (i am sure there is a perfect
legal term) the date instead of existing within. To put it another
way, are rights an attribute of the data?
a.
On 19 feb 2006, at 21.09, Maria Farrell wrote:
'Proprietary rights' wouldn't cover the data protection aspect.
Under EU legislation at least, data protection does not in any way
imply ownership of the data by the data subject, but rather a set
of obligations on the user.
I suggest, simply; 'rights'.
Maria
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-
council@xxxxxxxxxxxxxx] On Behalf Of Marilyn Cade
Sent: Sunday, February 19, 2006 8:56 PM
To: 'olof nordling'; council@xxxxxxxxxxxxxx
Subject: RE: [council] New draft ToR for PDP on contractual
conditions for existing gTLDs
Perhaps the term is “proprietary rights” or various forms of
proprietary rights”…
From: owner-council@xxxxxxxxxxxxxx [mailto:owner-
council@xxxxxxxxxxxxxx] On Behalf Of olof nordling
Sent: Sunday, February 19, 2006 12:19 PM
To: council@xxxxxxxxxxxxxx
Subject: [council] New draft ToR for PDP on contractual conditions
for existing gTLDs
Dear Council members,
As agreed, I have modified the ToR in line with the discussions at
the Council call 16 February, with most valued help from other
staff attending the call. See attachment. I have used the paragraph
wordings supplied to the list by Ross and Bruce (taking the latest
submission in one case when both had provided slightly different
texts) and staff notes for a couple of other agreed changes. I must
emphasize that the exact outcome was not always crystal clear so
please consider the new draft carefully.
Also, regarding Marilyn’s recent mail, the expression “privacy
rights” remains in 5a, but I do share Marilyn’s concern that this
expression may be amiss. It is probably not “intellectual property
rights” we’re looking for either and it may be appropriate to use a
more explicit sentence to capture the gist of what is intended.
Best regards
Olof
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