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

Tue May 5 09:43:25 EDT 2009

Dear Olivier,

good to know that there are still kind souls in the world ;-) but to 
me the "Copyrights" and "Trade Marks" issues are closely - sometimes 
even too closely – related, as far as I have time and capacities to follow 
the WIPO discourses -- at least in terms of "capture by a community 
(namely IP lawyers)". As I entirely share your concerns about the 
"capture danger", I didn't read the term confusion as a contradiction ;-), 
and I appreciated your comments on this.

Moreover, I believe that it's not only "politically correct" for EURALO to 
raise such a "capture danger" flag but it is rather more part of our mission 
and duties to raise our voice whenever Internet User interests are at 
stake. IMO, the balance of interests between the private sector - or 
governments - and the pursue and defence of the *public interest*
is clearly IN the scope of EURALO.

I don't know the positions of all our Board members on this but 
questions like this are important for our profile and the definition 
of working areas as well. Thanks again and 

kind regards,
Wolf

Olivier MJ Crepin-Leblond wrote Tue, 5 May 2009 12:04:
>A kind soul has pointed the fact that I referred to "Copyrights" in my 
>message below.
>Of course, I meant "Trade Marks" - my apologies. Since nobody's 
>pointed this out
>earlier, I'm either in everybody's "ignore" file, or we should all 
>wake-up. :-)
>
>O.
>
>----- Original Message ----- 
>From: "Olivier MJ Crepin-Leblond" <ocl at gih.com>
>To: "Wolf Ludwig" <wolf.ludwig at comunica-ch.net>; "Patrick Vande Walle" 
><patrick at vande-walle.eu>
>Cc: "Euro Board" <euro-board at atlarge-lists.icann.org>
>Sent: Sunday, May 03, 2009 2:54 PM
>Subject: Re: [Euro-board] WG: Re: [ALAC-Internal] Fwd: Re: 
>[GTLD-WG]URGENT-ALAC statement on IRTP report
>
>
>> 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
>>>
>>
>>
>> _______________________________________________
>> Euro-board mailing list
>> Euro-board at atlarge-lists.icann.org
>> http://atlarge-lists.icann.org/mailman/listinfo/euro-board_atlarge-lists.icann.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
>

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