[ALAC] Fwd: [council] Draft reply to Fadi
Alan Greenberg
alan.greenberg at mcgill.ca
Thu Dec 20 17:51:43 UTC 2012
Regardless of agreement or disagreement with the content, the letter
WAS extremely well crafted. Alan
At 20/12/2012 10:58 AM, Carlton Samuels wrote:
>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
><<mailto:alan.greenberg at mcgill.ca>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 <<mailto:mcole at 5x5com.com>mcole at 5x5com.com>
>Subject: [council] Draft reply to Fadi
>Date: Fri, 14 Dec 2012 11:11:47 -0800
>To: "<mailto:council at gnso.icann.org>council at gnso.icann.org List"
><<mailto:council at gnso.icann.org>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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