Re: [council] Proposed motions for IGO DRP
I think we need to have more discussion on this issue before we launch into a PDP with such a broad scope and unclear objective. I'd like to better understand what the "problem" is and why the proscribed recommendation is the right approach to take.
The argument that' treaties take a long time and are difficult' isn't very convincing for why ICANN should try to circumvent legitimate legal processes.
It seems that we haven't had enough information or discussion on this issue to rush into any pre-determined outcome yet. Where is the fire?
Thanks, Robin On Dec 17, 2007, at 3:16 PM, Mike Rodenbaugh wrote:
Thanks Avri. Thanks also to Olof for the redline document of Nov. 30, showing differences between the proposed DRP and the existing UDRP.I am not convinced that we need a PDP scoped so broadly, with a Task Force, and would prefer to limit the scope up front. I would much prefer to framethis PDP as proposed, limited amendments to the UDRP, to address IGOconcerns -- rather than an entire new policy for such a small set of names. I think it would be far less controversial and easier to implement if we produce a set of amendments which can meet the concerns of IGOs, rather thanan entirely new policy for IGO names. I also think it is much moreimportant to devote substantial time to amending the URDP to make it more effective for ALL rights owners, asap in the New Year, than to focus so mucheffort on the concerns of relatively few IGOs.So, I would prefer to see Staff provide another document similar to Olof's redline, but showing recommended amendments to the existing UDRP, rather than a whole new policy. And then we should proceed with a more limited PDP. Accordingly, I propose a different motion re IGO DRP, as follows:Whereas: - The Issues Report for IGO(http://gnso.icann.org/issues/igo-names/issues-report-igo- drp-15jun07.pdf)has been released and discussed- and in response to a GNSO Council resolution the ICANN Staff has produceda proposal for an IGO dispute resolution procedure(http://gnso.icann.org/drafts/gnso-igo-drp-report- v2-28sep07.pdf)- and subsequent to GNSO resolution 20071120-1 to postpone the vote oncommencing a PDP until 20 December 2007, the IPC prepared a proposal for arevised IGO DRP (http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf) Resolves:- The GNSO initiates a PDP to discuss amendments to the UDRP which would enable IGOs to pursue domain names referring to IGO names via the UDRP and, in the event of an unfavorable decision by a UDRP panel, to challenge that decision via a new appeal process to be added to the UDRP and which shall belimited to disputes regarding IGO names. - As initial material for the PDP, the following will be used: - the Issues report prepared by the staffhttp://gnso.icann.org/issues/igo-names/issues-report-igo- drp-15jun07.pdf- the DRP proposal prepared by the staff http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf - the revised DRP proposal prepared by the IPC http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf- a new document to be prepared by Staff no later than January 12, 2008, showing proposed amendments to the UDRP based upon the IPC's Nov. 28thproposal, rather than an entirely new DRP proposal- Staff will request Constituency representatives by January 12, 2008, whoshall meet and confer in order to recommend to Council, no later than January 26, 2008, whether or not a Task Force is needed for this PDP.At that point, Council can decide to accept that recommendation, or not, but the PDP would continue down one of the two paths in the Bylaws (Task Force,or Constituency Impact Statements).Also I am not clear about the proposed appeal process for IGOs, which I thought was the fundamental reason they wanted changes to the UDRP. Seemsthere would need to be a further arbitration agreement added to theRegistration Agreement, that binds registrants to a further arbitration in the event of an IGO disputing a UDRP decision. The IPC's revised proposal says that any 'arbitral tribunal' with appropriate jurisdiction can hear an IGO's appeal, but isn't the only/best way for an arbitral tribunal to get jurisdiction over a registrant via the Registration Agreement? And doesn't that raise other questions about what arbitration providers and processesshould be named in the contract?I am also curious why we are not considering a different approach to help out IGOs, much like ICANN protects itself and related organizations via theReserved Names list. It seems rather easy for ICANN to add the ParisConvention 6ter list as Reserved Names in newTLDs. Of course that doesn't help IGOs with their concerns re existing TLDs, and so we still may need UDRP modifications, but seems to me at least worth consideration. Generally I do not see why IGO names should be treated differently than ICANN- related names, so perhaps we should also take ICANN-related names off the ReservedNames list, and make them subject to the new IGO-amended UDRP. Thanks, Mike Rodenbaugh -----Original Message-----From: owner-council@xxxxxxxxxxxxxx [mailto:owner- council@xxxxxxxxxxxxxx] OnBehalf Of Avri Doria Sent: Monday, December 17, 2007 12:21 PM To: Council GNSO Subject: [council] Proposed motions for IGO DRP Hi, We have the vote on creating a PDP on the IGO DRP n the agnda for this week's meeting. the following are the proposed motions on this subject. they can be found in the motins page of docs.google.com). thanks a. -- Motion 1 on IGO-DRP: Whereas: - The Issues report for IGO(http://gnso.icann.org/issues/igo-names/issues-report-igo- drp-15jun07.pdf) has been released and discussed - and in response to a council resolution the staff has produced a proposal for an IGO dispute resolution procedure (http://gnso.icann.org/drafts/gnso-igo-drp-report- v2-28sep07.pdf) - and subsequent to GNSO resolution 20071120-1 to postpone the vote on commencing a PDP until 20 December 2007, the IPC prepared a proposal for a revised IGO DRP (insert pointer) Resolves The GNSO will initiate a PDP to discuss the creation on a PDP on IGO dispute Resolution Procedures-- Motion 2 on IGO-DRP contingent on the success of Motion 1 on IGO-DRPWhereas the Council has decided to initiate a PDP on IGO-DisputeResolution mechanism, a Task Force will be created according to the By-laws, section 5 of Annex A of the GNSO Policy Development Process. As initial material for the PDP, the following will be used: - the Issues report prepared by the staffhttp://gnso.icann.org/issues/igo-names/issues-report-igo- drp-15jun07.pdf- the DRP proposal prepared by the staff http://gnso.icann.org/drafts/gnso-igo-drp-report-v2-28sep07.pdf - the revised DRP proposal prepared by the IPC http://gnso.icann.org/drafts/igo-domain-name-drp-28nov2007.pdf-- Motion 3 on IGO-DRP contingent on the success of Motion 1 on IGO- DRPWhereas the Council has decided to initiate a PDP on IGO-Dispute Resolution mechanism, and whereas the holiday season is rapidly approaching, the schedule will be shifted out 2 weeks indicating that the requisite deadline for appointment of constituency representatives will be delayed until Jan 12 2008.
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@xxxxxxxxxxxxx