Re: Fwd: [council] Friendly amendment to VI Charter

["Mary Wong" <MWong@xxxxxxxxxxxxx>]

Thanks, Stephane - yes, I too accept Caroline's proposed amendment as
friendly.
 
Cheers
Mary
 
Mary W S Wong
Professor of Law & Chair, Graduate IP Programs
Franklin Pierce Law Center
Two White Street
Concord, NH 03301
USA
Email: mwong@xxxxxxxxxxxxx
Phone: 1-603-513-5143
Webpage: http://www.piercelaw.edu/marywong/index.php
Selected writings available on the Social Science Research Network
(SSRN) at: http://ssrn.com/author=437584


>>> 


From: Stéphane Van Gelder<stephane.vangelder@xxxxxxxxx>
To:Glen de Saint Géry<Glen@xxxxxxxxx>
CC:GNSO Council <council@xxxxxxxxxxxxxx>
Date: 3/7/2010 2:53 AM
Subject: Fwd: [council] Friendly amendment to VI Charter
Glen,

If Mary is Ok with this proposed change, please update the motion on
https://st.icann.org/gnso-council/index.cgi?10_march_2010_motions to
reflect the amendment.

Thank you.

Stéphane

Début du message réexpédié :



De : Stéphane Van Gelder <stephane.vangelder@xxxxxxxxx>
Date : 7 mars 2010 08:49:06 HNEC
À : Caroline Greer <cgreer@xxxxxxxxx>
Cc : <council@xxxxxxxxxxxxxx>
Objet : Rép : [council] Friendly amendment to VI Charter

Dear Caroline,

I accept your amendment as friendly.

Thank you.

Stéphane

Le 5 mars 2010 à 11:40, Caroline Greer a écrit :



Dear All,

The Registries Stakeholder Group [RySG] would like to propose a
friendly amendment to the Vertical Integration Charter circulated by
Stéphane.

For purposes of accuracy and consistency, we believe that Objective #4
should be revised to read: “To identify and clearly articulate the
differences between the current restrictions and practices concerning
registry-registrar separation and equivalent access, on the one hand,
and the options described in the most recent version of the DAG and
supporting documents[1] ( x-msg://1418/#_ftn1 ) and changes considered
by staff, on the other hand.”

The words “equivalent access” in yellow would replace the words “equal
access” that are in the current version of Objective #4. We understand
that the Charter Group has recognized the difference between “equal
access” and “equivalent access” in its deliberations and has adopted
“equivalent access” in other parts of the Charter.

More generally, the RySG notes that the proposed working definitions in
the Charter are neither accurate nor complete and, in certain cases,
they represent policy statements.  The RySG underscores the importance
of developing standalone definitions for each element of vertical
integration.  However, these definitions should be developed by experts
in competition and antitrust matters and derived from, where possible,
language in ICANN contracts and ICANN documentation that uses the
relevant terms.     

Many thanks.

Kind regards,

Caroline.




[1] ( x-msg://1418/#_ftnref1 ) The working group understands that the
DAG is a fluid document.  As a result, the working group will conduct
its activities based upon the version of the document available.