[ALAC] Fwd: [council] Draft reply to Fadi

[Carlton Samuels]

Um, the letter is quite clever in the use of the FUD technique; it
appropriates Fadi's words and writings to a) show his agreement with their
positions or b) suggests confusion on the implications of his words with
their positions.  All things to all people. Should be a doozy, the
discussion.

On one hand, it is adamant that TMCH should cover only existing rights and
not extended for non-justiciable rights. So that is settled he goes; hold
the current line on 'local' marks etc., regardless of implications for new
GTLDs.

However,the letter also seems to be conceding that there are trade mark
rights 'beyond law' - the only rational meaning I can think of here is 'the
body of law to which they generally subscribe' - some of which are now
excluded in the TMCH concept.  I would, for example, put said 'local' marks
in this category.

So now, he seems to be messaging, never mind the left-handed approach, the
GNSO may be open to consider RPMs for these in another PDP.

And then it seems to be shaking the finger at the ICANN Board for not only
its apparent embrace of 'additional rights' before they are told to but for
setting expectations that RPMs will be in place to address them in time for
launch of new GTLDs!  Almost in the same breath, it also refers to [U.S.]
DoC letter urging considerations for additional rights protection "across
all TLDs".

Hmm, wonder what he was thinking here?  Who's tail is wagging the ICANN
dog? In any event, this fella has some very useful skills for this arena.
 I'm impressed.

-Carlton

==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Wed, Dec 19, 2012 at 7:00 PM, Alan Greenberg <alan.greenberg at mcgill.ca>wrote:

> Of some interest to the ALAC, here is a draft letter to the CEO in
> response to his asking for GNSO guidance on the strawman proposal.
>
> Note that this is a letter drafted by one Councillor and has not been
> ratified by the Council. If it is actually sent, it could well be
> substantially modified.
>
> The GNSO Council meeting overlaps with the ALAC meeting tomorrow, and I
> will be joining the ALAC call half-way through. I will report at that time
> how this played out.
>
> Alan
>
>
>  From: Mason Cole <mcole at 5x5com.com>
>> Subject: [council] Draft reply to Fadi
>> Date: Fri, 14 Dec 2012 11:11:47 -0800
>> To: "council at gnso.icann.org List" <council at gnso.icann.org>
>>
>> Council colleagues --
>>
>> I have taken the liberty of drafting a reply to Fadi's request for
>> Council advice on the BC/IPC request for more RPMs.  Jonathan and I have
>> spoken about a process from here and I am happy to keep the pen for
>> possible suggestions and edits.  Speaking for myself, though I realize the
>> holidays are fast approaching I would hope we can get a communication to
>> Fadi expeditiously.
>>
>> Many thanks --
>>
>> Mason
>>
>
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