[Euro-board] WG: Re: [ALAC-Internal] Fwd: Re: [GTLD-WG] URGENT-ALAC statement on IRTP report

Adam Peake ajp at glocom.ac.jp
Mon May 4 10:11:39 EDT 2009


I support the statement.  Patrick, thank you.

One thing bothering me about the URS or any takedown system for that 
matter is how to guard against frivolous or knowingly false use of 
the process - where the request is groundless, the equivalent of the 
random takedown notices sent for YouTube etc, e.g. see Lessig and 
Warner bros 
<http://www.lessig.org/blog/2009/04/update_on_warner_music.html>

I know some trademarks legislation imposes criminal penalties for 
"groundless threats of legal action", how about some kind of penalty 
for groundless threats of takedown...

I am not suggesting amending the statement, it's good.

Adam




At 3:30 PM +0200 5/4/09, Wolf Ludwig wrote:
>Hi Patrick and Olivier,
>
>thanks for responses!
>
>Patrick Vande Walle wrote Sun, 03 May 2009 15:20:
>(...)
>>If this is submitted as an Euralo text, I will take the liberty to
>>specifically refer to European legal documents. Namely Directive
>>95/46/EC (Data Protection Directive) and 2002/58/EC (Directive on
>>privacy and electronic communications), as well as the Commission
>>decision 2000/520/EC (Safe Harbor Agreement), and replace all occurences
>>of "ALAC" by "Euralo".
>
>I agree with your suggestion, Patrick, to "specifically refer to European
>legal documents" to give the statement "as an Euralo text" a bit more of
>our regional colour and approach!
>
>Thanks for re-posting this discussion to the EURALO list as well, may
>be we get some more comments or input. If not, just take it as silent
>approval ;-). I suggest, you submit this text on behalf of EURALO.
>
>Thanks and kind regards,
>Wolf
>
>
>>Olivier MJ Crepin-Leblond wrote, On 3/5/09 14:54:
>>>  Wolf:
>>>
>>>  thank you for having forwarded Patrick's draft to the Euro list & to
>>>  here.
>>>
>>>  I, as an individual EURALO board member, am in complete agreement with
>>>  this excellent draft, and also hope that if there is not enough time
>>>  for ALAC to approve it formally, I hope that EURALO can act quickly
>>>  enough to agree to it, in time for it to be formally submitted. The
>>>  issues raised are *essential* to the ALAC's mission of being ICANN's
>>>  conscience and I am very pleased that they are dealt with in such a
>>>  professional and concise manner by ALAC.
>>>
>>>  Erratum:
>>>
>>>  - Under: "Whois requirements for new service"
>>>  We are surprised the only reference to privacy in the report in the
>>>  report is about privacy as a (paid for) service.
>>>
>>>  -> we are surprised THAT the only reference...
>>>  -> note the repeat of "in the report"
>>>
>>>  Next paragraph: replace "Further" with "Furthermore"
>>>
>>>  Further discussion
>>>
>>>  I attended a meeting of Internet experts under Chatham House Rules in
>>>  London last week and the matter came up for discussion.
>>>  The general concensus around the table was that ICANN was setting a
>>>  dangerous precedent in stepping into areas it should not step into re:
>>>  several issues. The issue of Copyright is an age-old issue which is
>>>  very complex and near intractable to deal with internationally. WIPO
>>>  is the agency specifically in charge of this, and its budget which is in
>>>  excess of 600 Million Swiss Francs is huge compared to the ICANN
>>>  budget for these matters. ICANN risks burdening itself by shifting
>>>  the Copyright battlefield into its own home, and risks wasting such
>>>  resources instead of following its real mission, as defined in the JPA
>>>  agreement. Expect to hear criticism re: that wrt post-JPA.
>>>
>>>  My own comment is that I have a real concern re: capture. This process,
>>>  it seems, is being rushed through and might be a form of capture by a
>>>  community (namely IP lawyers) - and such capture is also being
>>>  suspected by others - and this will *not* play in ICANN's favour.
>  >> I am not sure if is would be politically correct for EURALO to raise
>>>  the "capture danger" flag. Perhaps it is completely outside the scope
>  >> of EURALO. Perhaps I am mistaken and see capture where there isn't,
>>>  but I believe there is no smoke without fire and the speed and manner
>>>  in which the IRTP working group has been set-up and is operating,
>>>  including the limited amount of time it is allowing for external
>>>  comments, make me raise my eyebrows and feel uncomfortable.
>>>
>>>  Since I have no posting privilege on the ALAC-Internal list, please
>>>  feel free to forward where necessary/desired.
>>>
>>>  Kind regards,
>>>
>>>  Olivier
>>>
>>>  Ref: Chatham House Rule
>>>  http://www.chathamhouse.org.uk/about/chathamhouserule/
>>>
>>>
>>>  ----- Original Message ----- From: "Wolf Ludwig"
>>>  <wolf.ludwig at comunica-ch.net>
>>>  To: "Patrick Vande Walle" <patrick at vande-walle.eu>
>>>  Cc: "Euro Board" <euro-board at atlarge-lists.icann.org>
>>>  Sent: Saturday, May 02, 2009 10:48 PM
>>>  Subject: [Euro-board] WG: Re: [ALAC-Internal] Fwd: Re: [GTLD-WG]
>>>  URGENT-ALAC statement on IRTP report
>>>
>>>
>>>>  Dear Patrick again,
>>>>
>>>>  just in case, your draft statement on the IRTP report will NOT be
>>>>  approved in time / until next Monday by ALAC, I suggest to submit it
>>>>  on behalf of EURALO at least. It would be sad if this/your statement
>>>>  wouldn't be approved and forwarded in time! Any comments by other
>>>>  Board members?
>>>>
>>>>  Best,
>>>>  Wolf
>>>>
>>>>
>>>>  Wolf Ludwig wrote Sat, 02 May 2009 22:37:
>>>>>  Dear Patrick,
>>>>>
>>>>>  thanks a lot for your draft of a (ALAC) statement on the IRTP
>>>>>  report. Your draft actually reflects most of my concerns and I hope
>>>>>  it will be approved by the ALAC, given the narrow deadline of May
>>>>>  5th (what means next Tuesday!). Thanks again for your excellent work
>>>>>  and
>>>>>
>>>>>  kind regards,
>>>>>  Wolf
>>>>>
>>>>>
>>>>>  Patrick Vande Walle wrote Sat, 02 May 2009 21:38:
>>>>>>  To follow up  on the request made during last week's
>>>>>>  teleconference, I
>>>>>>  have drafted the following statement.
>>>>>> 
>>>>>>https://st.icann.org/gnso-liaison/index.cgi?draft_statements_related_to_irt_s_remit_from_at_large
>>>>>>
>>>>>>
>>>>>>  The discussions on the new gtld list focused mainly on the
>>>>>>  composition
>>>>>>  of the IRTP working group, its lack of balance and the fact that
>>>>>>  most
>>>>>>  members were from - or close to - the IPC.  Several members of
>>>>>>  At-Large
>>>>>>  mentioned they volunteered for the WG, but were not included.
>>>>>>  Hong had concerns regarding the fact that these proposed rules were
>>>>>>  in
>>>>>>  contradiction with international trade mark law. Bret Faussett made
>>>>>>  a
>>>>>>  comment about the fact the URS process is not limited in time. His
>>>>>>  comment is included in extenso.
>>>>>>
>>>>>>  The draft statement tries to capture all these remarks.
>>>>>>
>>>>>>  I am not sure which process the chair wishes to follow to have some
>>>>>>  some
>>>>>>  of approval from the ALAC, given the deadline is May 5th.
>>>>>>
>>>>>>  Patrick
>>>>>>
>>>>>>
>>>>>>  _______________________________________________
>>>>>>  ALAC-Internal mailing list
>>>>>>  ALAC-Internal at atlarge-lists.icann.org
>>>>>> 
>>>>>>http://atlarge-lists.icann.org/mailman/listinfo/alac-internal_atlarge-lists.icann.org
>>>>>>
>>>>>>
>>>>>>  ALAC Wiki: http://st.icann.org/alac
>>>>>>  At-Large Website: http://atlarge.icann.org
>>>>>>
>>>>>
>>>>>  comunica-ch
>>>>>  phone +41 79 204 83 87
>>>>>  Skype: Wolf-Ludwig
>>>>>  www.comunica-ch.net
>>>>>
>>>>>  Digitale Allemd
>>>>>  http://blog.allmend.ch -
>>>>>
>>>>>  EURALO - ICANN's Regional At-Large Organisation
>>>>>  http://euralo.org
>>>>>
>>>>
>>>>  comunica-ch
>>>>  phone +41 79 204 83 87
>>>>  Skype: Wolf-Ludwig
>>>>  www.comunica-ch.net
>>>>
>>>>  Digitale Allemd
>>>>  http://blog.allmend.ch -
>>>>
>>>>  EURALO - ICANN's Regional At-Large Organisation
>>>>  http://euralo.org
>>>>
>>>>  _______________________________________________
>>>>  Euro-board mailing list
>>>>  Euro-board at atlarge-lists.icann.org
>>>> 
>>>>http://atlarge-lists.icann.org/mailman/listinfo/euro-board_atlarge-lists.icann.org
>>>>
>>>>
>>>
>>>
>>
>>--
>>Patrick Vande Walle
>>Blog: http://patrick.vande-walle.eu
>>Twitter: http://www.twitter.com/patrickvw
>  >
>>
>
>comunica-ch
>phone +41 79 204 83 87
>Skype: Wolf-Ludwig
>www.comunica-ch.net
>
>Digitale Allmend
>http://blog.allmend.ch -
>
>EURALO - ICANN's Regional At-Large Organisation
>http://euralo.org
>
>_______________________________________________
>Euro-board mailing list
>Euro-board at atlarge-lists.icann.org
>http://atlarge-lists.icann.org/mailman/listinfo/euro-board_atlarge-lists.icann.org




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