[bc-gnso] FW: [gnso-sti] Common Grounds Paper

[Steve DelBianco]

Thank-you, Zahid, for your exhaustive efforts on the rights protection
mechanisms.

As you requested, here¹s one comment on the draft BC position on Post
Delegation Dispute Mechanism (PDDM):

Twice in your draft you express concern about Registry Operators turning a
³blind eye² to infringements.  I¹m a fan of clever phrases such as ³turn a
blind eye², but in this case I think the rhetoric may go too far.

One of my registry members reminded me in Seoul that registry operations are
highly automated processes.  There is no human ³eye² looking at registration
Add records as they come in from registrars.  Accordingly, I suggest
replacing the two ³blind eye² concerns in the BC comments with this
statement:

> Registry operations for adding new names should be a highly-automated
> function, and the failure of a registry to take affirmative steps to assess
> whether a domain name violates trademark laws should not in itself constitute
> bad faith or systemic infringement.  However, a registry operator who fails to
> perform the specific rights protection mechanisms enumerated in its Registry
> Operator¹s Agreement should be subject to PDDM claims, as set forth in the IRT
> Final Report. 


Again, thanks for working this on our behalf.
> 
-- 
Steve DelBianco
Executive Director
NetChoice
http://www.NetChoice.org and http://blog.netchoice.org
+1.202.420.7482 


On 11/4/09 12:37 PM, "Zahid Jamil" <zahid at dndrc.com> wrote:
>  
> Would like to ask members that if there are any comments on the draft BC
> position on RPMs that was sent out earlier?  If I don¹t hear anything on
> whether there will be comments and that I should hold sending this out to the
> GNSO, I will send it out by tomorrow to both the GNSO and the STI.
>  


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