<html><head><base href="x-msg://3855/"></head><body style="word-wrap: break-word; -webkit-nbsp-mode: space; -webkit-line-break: after-white-space; ">Folks:<div><br></div><div>Attached is a suggested redraft to bridge the gap. I personally don't agree with some of the arguments I left in the attached, but I tried to keep the longstanding BC positions while toning down the anti-TLD language. I also deleted a couple of the arguments that were objected to in some of the notes I reviewed.</div><div><br></div><div>Here are some of the highlights:</div><div><br></div><div>*I deleted the GPML section.</div><div><br></div><div>*I deleted the clear and convincing evidence issue with regard to the URS. As a member of the IRT, I can say that it clearly was our intent for the URS to have a higher burden of proof than the UDRP -- the legal standard is exactly the same. We wanted the URS to be for "slam dunk" cases. The URS was to be a less expensive alternative to the UDRP cognizant of the fact that 70% of UDRPs go unanswered. Has this issue even been raised before by the BC?</div><div><br></div><div>*Based on Sarah's helpful e-mail, I left alone the complaint about transferring names after a successful URS as that has been an issue that Zahid, Mike and others in the BC have argued consistently. I do note, however, that transfer was not in the IRT recommendation and the STI agreed to add a year to the registration at the request of the complainant as a compromise. </div><div><br></div><div>*Again based on Sarah's e-mail, I left the PDDRP section pretty much alone except for an argument about registries warehousing names, but not using them, as that argument didn't make much sense to me. That's exactly the function of a registry to warehouse names until they are sold by registrars. If a registry "reserves" a name and it is not in use at all, the mark holder should be thrilled that it can't be registered by a squatter.</div><div><br></div><div>*I also deleted the paragraph about the Director of Compliance. I don't think it appropriate to comment on those kinds of personnel matters. </div><div><br></div><div>*I didn't touch the arguments related to community and 13 points (though I personally favor 14 points to avoid gaming -- sorry Ron), as that seems to be longstanding BC position.</div><div><br></div><div>*I didn't do much on the Market Differentiation section either other than soften some of the language.</div><div><br></div><div>I have no idea if my attempt will get consensus or not, but I thought it worthwhile to offer alternative language and I tried hard to find a balance. </div><div><br></div><div>Thanks.</div><div><br></div><div>Jon</div><div><br></div><div></div></body></html>