[lac-discuss-en] [GTLD-WG] FW: Public Consultation on Modification of UDRP Rules

Fri Jul 24 08:13:24 CDT 2009

Dear Hong. 
Thank`s to share this with us. 
I made some considerations four or five days ago, in relation, because none Public Consultation Meetings in LAC region, where we  do not have  the possibility to express our ideas face to face.
 Inmediatly I`m going to transmite this to my region list. thank`s again.

Carlos Dionisio Aguirreabogado - Sarmiento 71 - 4to. 18 Cordoba - Argentina -
*54-351-424-2123 / 423-5423
www.derechoytecnologia.com.ar
http://ar.ageiadensi.org 

> Date: Fri, 24 Jul 2009 20:26:10 +0800
> From: hongxueipr at gmail.com
> To: nick.ashton-hart at icann.org; gtld-wg at atlarge-lists.icann.org
> Subject: Re: [GTLD-WG] FW: Public Consultation on Modification of UDRP Rules
> 
> Hi, please see the message below. I wonder who from our at-large community
> is invited to this "internal ICANN meeting"? Evan, Patrick, Carlos, did you
> get the invitation? I must say hear nothing from ICANN. Is ALAC going to
> miss the second chance?
> 
> Hong
> 
> 
> 
> 
> 
> On Jul 21, 2009, at 10:49 AM, Kathy Kleiman wrote:
> 
> (If I don't have posting privileges to this list, could someone please send
> this email on to old and new friends. Tx.)
> 
> Dear Friends on the NCUC Executive Committee:
> 
> We did it! Our weeks/months of work against the IRT Report are bearing
> fruit – we have forced ICANN into action!
> 
> As you know, the trip to Sydney was grueling. I spent several weeks
> analyzing the 69-page IRT Report, and truly dissecting it! In Sydney and
> NYC, I led the IRT fight at the public meetings (and many private ones) – we
> were very vocal and active! We attracted the attention of ICANN and the
> press!
> 
> Now ICANN is ready to listen. Not just for 3 minutes in a public forum, but
> in detail, for a day, at their main offices in Marina Del Ray. ICANN is
> ready to fly us out! It is a huge step for the ICANN staff- to pay our way,
> to meet with us, and to listen to us in detail. But it is an opening of a
> door that was closed and locked before now -- we did it!
> 
> I cheer Chairman Robin for her support, thank my great partner Dr.
> Konstantinos Komaitis, and applaud you, the Executive Committee. Through
> your support, a small team stalled the IRT/Intellectual Property
> Constituency's world :-)!. We were strong, we were right and we were vocal
> in the right places.
> 
> Of course, the work really begins now – and we need to turn our detailed
> comments into specific language and strong counterproposals – language the
> Staff can incorporate and use to revise the IRT Report.
> 
> But I wanted to let you know where we are – and how far we have come!
> 
> Comments, feedback and suggestions welcome!
> 
> Best and great thanks,
> Kathy
> 
> CC: Norbert Klein Dr. Milton Mueller, and Dr. Konstantinos Komaitis
> 
> 
> 
> 
> 
> 
> On Fri, Jul 24, 2009 at 8:56 AM, Hong Xue <hongxueipr at gmail.com> wrote:
> 
> >
> > Although I'm busy with fighting against the IRT--today is the ICANN Hong
> > Kong Road Show, I fully agree with the other colleagues that we should not
> > overlook the problems within the UDRP that has been existing for 10 years. I
> > would be really happy if we could push for a Staff report on Reform of UDRP
> > and then a PDP, like we did successfully regarding domain tasting. If it
> > would be too difficult to push for a new paradigm (as Carlos said), shall
> > UDRP be reviewed or reformed against the launch of IDNs (as Vanda said)? 2
> > years ago, WIPO sent a report to ICANN that no substantive changes to UDRP
> > are needed for IDNs. But once the new IDN gTLDs are in place, I do believe
> > there will be "new issues".
> >
> > As for the briefing, I'm with Carlton. The paperless proposal only involves
> > procedure and is said to make the Internet "green". But eventaully it would
> > streamline and expedite the dispute resolution process, which may not be in
> > the interests of the domain name holders, for instance the holder may miss
> > the e-notifications and the case may be deemed by default.
> >
> > Finally I echoed what Evan said we may need either to expand the coverage
> > this WG or revamp it. In any case we should not lose the excellent work that
> > has been done by this WG. When I was drafting a IRT statement for AP Region,
> > I found that the previous statement and research done by the WG were highly
> > valuable.
> >
> > Hong
> >
> >
> >
> >
> >
> >
> > On Thu, Jul 23, 2009 at 10:46 PM, Carlton Samuels <
> > carlton.samuels at uwimona.edu.jm> wrote:
> >
> >> I am familiar with UDRP from wearing the hat of a ccTLD Registrar but
> >> endorse a briefing on UDRP.
> >>
> >> The eUDRP version is really not all that, merely a gesture to move with
> >> the
> >> times. In practically all common law jurisdictions we have had to rewrite
> >> the Evidence Act and other baseline tools for administration of justice so
> >> that electronic and/or digital copy are declared competent for tribunals.
> >>
> >> To my mind, the more interesting matters are referenced by comments from
> >> Hong, Carlos and Konstantinos. Taken together, you will see the common
> >> thread to several facets of the issue that I believe will converge out of
> >> the discussion.
> >>
> >> Carlton Samuels
> >>
> >>
> >> ------------------------------------------------------------------------------------------------------------------------------------------------------------------------------------
> >> On Thu, Jul 23, 2009 at 9:23 AM, Nick Ashton-Hart <
> >> nick.ashton-hart at icann.org> wrote:
> >>
> >> > Perhaps a telephonic briefing on this consultation's object would be
> >> > useful?
> >> >
> >> > I suspect an introductory briefing to the UDRP would be useful in any
> >> case,
> >> > and the second part could discuss the eUDRP proposal.
> >> >
> >> >
> >> > Vanda Scartezini wrote:
> >> >
> >> >> Agreeing with you Hong, I believe a review of these rules, especially
> >> when
> >> >> applied to IDN TLDs worth the time. ks
> >> >> Vanda Scartezini
> >> >> POLO Consultores Associados
> >> >> & IT Trend
> >> >> Alameda Santos 1470 cjs 1407/8
> >> >> 01418-903 Sao Paulo,SP.
> >> >> Fone + 55 11 3266.6253
> >> >> Mob + 5511 8181.1464
> >> >>
> >> >> -----Original Message-----
> >> >> From: gtld-wg-bounces at atlarge-lists.icann.org
> >> >> [mailto:gtld-wg-bounces at atlarge-lists.icann.org] On Behalf Of Hong Xue
> >> >> Sent: Wednesday, July 22, 2009 8:54 PM
> >> >> To: ICANN AtLarge Staff
> >> >> Cc: gtld-wg at atlarge-lists.icann.org;
> >> >> alac-announce at atlarge-lists.icann.org
> >> >> Subject: Re: [GTLD-WG] Public Consultation on Modification of UDRP
> >> Rules
> >> >>
> >> >> Dear Nick,
> >> >>
> >> >> Paperless UDRP is a proposal to be applied to all the existing gTLDs.
> >> Of
> >> >> course, once the service providers (WIPO and others') supplementary
> >> rules
> >> >> are amended accordingly, it might be applied prospectively to the "new"
> >> >> gTLDs in the future. But this consultation is more relevant to gTLDs
> >> >> generally, not primiarly for "new" gTLDs. I wonder whether we will
> >> limit
> >> >> the
> >> >> discussion within the WG on New gTLDs.
> >> >>
> >> >> Hong
> >> >>
> >> >>
> >> >>
> >> >>
> >> >>
> >> >> On Thu, Jul 23, 2009 at 6:31 AM, ICANN AtLarge Staff <staff at icann.org
> >> >> >wrote:
> >> >>
> >> >>
> >> >>
> >> >>> Dear Working Group on New gTLDs,
> >> >>>
> >> >>> Please be advised that a public comment period has been opened on the
> >> >>> Modification of the Uniform Domain Name Dispute Resolution Policy
> >> (UDRP),
> >> >>>
> >> >>>
> >> >> an
> >> >>
> >> >>
> >> >>> issue related to the remit of your working group. In keeping with the
> >> >>> 'bottom up' nature of ICANN, your working group's attention is kindly
> >> >>>
> >> >>>
> >> >> drawn
> >> >>
> >> >>
> >> >>> to this comment period, which ends on August 12th.
> >> >>>
> >> >>> If you would be interested in a telephonic briefing on the UDRP and
> >> the
> >> >>> proposed modifications, please let us know so that we can go ahead
> >> with
> >> >>>
> >> >>>
> >> >> the
> >> >>
> >> >>
> >> >>> planning of such a session.
> >> >>>
> >> >>> The consultation information may be found at
> >> >>> http://www.icann.org/en/public-comment/#udrp. The announcement of the
> >> >>> same
> >> >>> follows immediately hereafter.
> >> >>>
> >> >>> **********************************
> >> >>> Modification of UDRP Rules
> >> >>>
> >> >>> Explanation: The implementation rules for the Uniform Domain Name
> >> >>> Dispute
> >> >>> Resolution Policy (UDRP) document the procedures for the
> >> implementation
> >> >>> of
> >> >>> UDRP proceedings (http://www.icann.org/en/udrp/udrp-rules-24oct99.htm
> >> ).
> >> >>> ICANN has received a proposal from the World Intellectual Property
> >> >>> Organization (WIPO) regarding suggested changes to the implementation
> >> >>>
> >> >>>
> >> >> rules
> >> >>
> >> >>
> >> >>> to allow for a paperless UDRP proceeding, or "eUDRP." WIPO does not
> >> >>>
> >> >>>
> >> >> propose
> >> >>
> >> >>
> >> >>> any changes to the UDRP itself.
> >> >>>
> >> >>> The WIPO proposal (
> >> >>>
> >> >>>
> >> >>>
> >> >>
> >> http://www.icann.org/en/wipo/wipo-proposal-eudrp-rules-30dec08-en.pdf)[PDF<http://www.icann.org/en/wipo/wipo-proposal-eudrp-rules-30dec08-en.pdf%29%5BPDF>
> >> <
> >> http://www.icann.org/en/wipo/wipo-proposal-eudrp-rules-30dec08-en.pdf%29%5BPDF
> >> >
> >> >> <h
> >> >> ttp://
> >> >> www.icann.org/en/wipo/wipo-proposal-eudrp-rules-30dec08-en.pdf%29%5BPD
> >> >> F>,
> >> >>
> >> >>
> >> >>> 13K] includes an explanation for WIPO's proposal, as well as a redline
> >> of
> >> >>> the proposed rule changes.
> >> >>>
> >> >>> WIPO's proposal is being posted for public comment for 30 days to
> >> ensure
> >> >>> broad community input. Feedback received will be considered in the
> >> >>> evaluation of the need to modify the implementation rules to give
> >> effect
> >> >>>
> >> >>>
> >> >> to
> >> >>
> >> >>
> >> >>> the specific purpose proposed.
> >> >>>
> >> >>> Note: The proposal also includes sections relating to proposed changes
> >> to
> >> >>> WIPO's supplemental rules for the administration of UDRP proceedings.
> >> The
> >> >>> public comment forum is not intended to address the supplemental rules
> >> >>> change issues.
> >> >>>
> >> >>> Comments regarding WIPO's proposed amendments to the implementation
> >> rules
> >> >>> maybe submitted by email to: eudrp at icann.org through 12 August 2009.
> >> >>>
> >> >>> --
> >> >>> Regards,
> >> >>>
> >> >>> Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella
> >> >>>
> >> >>>
> >> >> Gruber-White
> >> >>
> >> >>
> >> >>> ICANN At-Large Staff
> >> >>> email: staff at atlarge.icann.org
> >> >>>
> >> >>> _______________________________________________
> >> >>> GTLD-WG mailing list
> >> >>> GTLD-WG at atlarge-lists.icann.org
> >> >>>
> >> >>>
> >> >>>
> >> >>>
> >> >>
> >> >>
> >> http://atlarge-lists.icann.org/mailman/listinfo/gtld-wg_atlarge-lists.icann
> >> >> .
> >> >> org
> >> >>
> >> >>
> >> >>> Working Group direct URL:
> >> >>> https://st.icann.org/gnso-liaison/index.cgi?new_gtld_policy
> >> >>>
> >> >>>
> >> >>>
> >> >>
> >> >>
> >> >>
> >> >>
> >> >>
> >> >
> >> > --
> >> >
> >> > --
> >> >
> >> > Regards,
> >> >
> >> >
> >> >
> >> > Nick Ashton-Hart
> >> >
> >> > Director for At-Large
> >> >
> >> > Internet Corporation for Assigned Names and Numbers (ICANN)
> >> >
> >> > Tel: +33 (450) 42 81 83
> >> >
> >> > USA Tel: +1 (310) 301-8637
> >> >
> >> > Fax: : +41 (22) 594-85-44
> >> >
> >> > Mobile: (Switzerland): +41 79 595 5468
> >> >
> >> > email: nick.ashton-hart at icann.org
> >> >
> >> > Win IM: ashtonhart at hotmail.com / AIM/iSight: nashtonhart at mac.com /
> >> Skype:
> >> > nashtonhart
> >> >
> >> > Online Bio: https://www.linkedin.com/in/ashtonhart
> >> >
> >> > _______________________________________________
> >> > GTLD-WG mailing list
> >> > GTLD-WG at atlarge-lists.icann.org
> >> >
> >> >
> >> http://atlarge-lists.icann.org/mailman/listinfo/gtld-wg_atlarge-lists.icann.org
> >> >
> >> > Working Group direct URL:
> >> > https://st.icann.org/gnso-liaison/index.cgi?new_gtld_policy
> >> >
> >> _______________________________________________
> >> GTLD-WG mailing list
> >> GTLD-WG at atlarge-lists.icann.org
> >>
> >> http://atlarge-lists.icann.org/mailman/listinfo/gtld-wg_atlarge-lists.icann.org
> >>
> >> Working Group direct URL:
> >> https://st.icann.org/gnso-liaison/index.cgi?new_gtld_policy
> >>
> >
> >
> >
> > --
> > Hong Xue, Ph.D.
> > Professor of Law
> > Director of Institute for the Internet Policy & Law
> > Beijing Normal University
> > 19 Xin Jie Kou Wai Street
> > Beijing 100875 China
> >
> 
> 
> 
> -- 
> Hong Xue, Ph.D.
> Professor of Law
> Director of Institute for the Internet Policy & Law
> Beijing Normal University
> 19 Xin Jie Kou Wai Street
> Beijing 100875 China
> _______________________________________________
> GTLD-WG mailing list
> GTLD-WG at atlarge-lists.icann.org
> http://atlarge-lists.icann.org/mailman/listinfo/gtld-wg_atlarge-lists.icann.org
> 
> Working Group direct URL: https://st.icann.org/gnso-liaison/index.cgi?new_gtld_policy

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