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

[Carlton Samuels]

See my very last line; +1!

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


On Thu, Dec 20, 2012 at 12:51 PM, Alan Greenberg
<alan.greenberg at mcgill.ca>wrote:

>  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 <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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