[client com] Fwd: [CWG-Stewardship] FW: Revised Community Agreement Draft: 08-05-2016

Greg Shatan gregshatanipc at gmail.com
Mon Aug 8 22:34:48 UTC 2016 

Andrew Sullivan response to comments.

---------- Forwarded message ----------
From: Andrew Sullivan <ajs at anvilwalrusden.com>
Date: Sun, Aug 7, 2016 at 11:10 PM
Subject: Re: [CWG-Stewardship] FW: Revised Community Agreement Draft:
08-05-2016
To: cwg-stewardship at icann.org


Hi,

Full disclosure: I'm a trustee and part of the group that is
negotiating this agreement on behalf of the IETF Trust.

I want first of all to agree in general with Greg's responses.  But I
also implore people to think very hard about fussing with the text
from the lawyers when the CWG negotiating team brings it to you.  We
really only have a few days to do this.  These agreements need to go
out to public comment before ICANN prepares its report for NTIA.  That
happens Friday, so comment needs to start on Thursday.  If we miss
this window, then the IPR piece (which is a prerequisite for the
transition) will not be complete in NTIA's evaluation, and they may
decide to renew the IANA contract.  In effect, we have to be done
everything but document preparation on Wednesday.

It would be a terrible shame if the transition fell apart on a small
matter like the IPR.  I believe the better thing to ask in every case
is not whether something is exactly the way you would do it, but
whether it is something you can live with.  If the answer is, "Yes," I
would encourage you to say so.

Thanks and best regards,

A


On Sun, Aug 07, 2016 at 06:07:17PM -0400, Greg Shatan wrote:
> All,
>
> Please see my responses (in "balloon" comments) to Kavouss's comments.
>
> Greg
>
> On Sun, Aug 7, 2016 at 4:37 PM, Kavouss Arasteh <kavouss.arasteh at gmail.com
>
> wrote:
>
> > Dear All,
> > No matter who made the changes, I am commenting on the text not on the
> > author's identity.
> > I have had to convert the PDF in word and have done my verifications and
> > attached my comments
> > There are serious problems in some of the terms.
> > I have indicated all in terms of deletion with reasons and/or with
> > comments in round bracket.
> > Regartds
> > Kavouss
> >
> > 2016-08-07 20:15 GMT+02:00 Greg Shatan <gregshatanipc at gmail.com>:
> >
> >> The changes were not made by me. The changes were made by the CWG's
> >> counsel and the IETF Trust's counsel working collaboratively, which
came
> >> after discussion of the IANA IPR collaborative group (including reps
of all
> >> the communities and the Trust).
> >>
> >> I don't have the redline in Word. I sent to the list everything that
was
> >> initially sent by the IETF Trust's counsel to CWG's counsel to the
Client
> >> Committee list.
> >>
> >> Greg
> >>
> >>
> >> On Sunday, August 7, 2016, Kavouss Arasteh <kavouss.arasteh at gmail.com>
> >> wrote:
> >>
> >>> Dear ALL
> >>>
> >>> I HAVE no comments on the initial text before being changed
> >>> Regards
> >>> Kavouss
> >>>
> >>> 2016-08-07 18:04 GMT+02:00 Kavouss Arasteh <kavouss.arasteh at gmail.com
>:
> >>>
> >>>> Seun
> >>>> NO
> >>>> PLS DO NOT MAKE MY JOB HARD..
> >>>> WHY NOT A RED MARK WORD VERSION
> >>>> Regards
> >>>> Kavouss
> >>>>
> >>>>
> >>>> 2016-08-07 17:42 GMT+02:00 Seun Ojedeji <seun.ojedeji at gmail.com>:
> >>>>
> >>>>> Hello Kavous,
> >>>>>
> >>>>> An option could be that you look at the PDF and make your comment on
> >>>>> the word version(though you can make comment on the pdf as well)
> >>>>>
> >>>>> Another option is if you (or someone) has the previous clean version
> >>>>> then one can produce a redline off the two clean versions.
> >>>>>
> >>>>> Regards
> >>>>>
> >>>>> Sent from my LG G4
> >>>>> Kindly excuse brevity and typos
> >>>>>
> >>>>> On 7 Aug 2016 4:37 p.m., "Kavouss Arasteh" <
kavouss.arasteh at gmail.com>
> >>>>> wrote:
> >>>>>
> >>>>>> Dear Andrew,
> >>>>>> Tks again for your kind reply.
> >>>>>> Please send me a red mark  Word Version and I Will reply today.
> >>>>>> I HAVE SOME CONCERS ON SOME OF THE  CHANGED MADE  BY GREC
> >>>>>> Regards
> >>>>>> Kavouss
> >>>>>>
> >>>>>>
> >>>>>> 2016-08-07 17:28 GMT+02:00 Andrew Sullivan <ajs at anvilwalrusden.com
>:
> >>>>>>
> >>>>>>> I don't know whetheer you will get that before tomorrow, and that
is
> >>>>>>> really rather late.  Can you at least say what your concerns are?
> >>>>>>> There really isn't a lot of time: this needs to go to public
comment
> >>>>>>> on Thursday.  An additional day to wait for the comments would be
> >>>>>>> bad.
> >>>>>>>
> >>>>>>> Best regards,
> >>>>>>>
> >>>>>>> A
> >>>>>>>
> >>>>>>> On Sun, Aug 07, 2016 at 05:14:50PM +0200, Kavouss Arasteh wrote:
> >>>>>>> > Seun,
> >>>>>>> > I know that a word version was included but the Word Version is
a
> >>>>>>> clean
> >>>>>>> > Text and it is difficult to identify the changes .I wish to see
> >>>>>>> what was
> >>>>>>> > the changes introduced by Greg
> >>>>>>> > I still need the red mark text in WORD VERSION.
> >>>>>>> > Regards
> >>>>>>> > Kavouss
> >>>>>>> >
> >>>>>>> > 2016-08-07 14:09 GMT+02:00 Seun Ojedeji <seun.ojedeji at gmail.com
>:
> >>>>>>> >
> >>>>>>> > > A word version was included in Greg's mail
> >>>>>>> > >
> >>>>>>> > > Regards
> >>>>>>> > >
> >>>>>>> > > Sent from my LG G4
> >>>>>>> > > Kindly excuse brevity and typos
> >>>>>>> > >
> >>>>>>> > > On 7 Aug 2016 10:36 a.m., "Kavouss Arasteh" <
> >>>>>>> kavouss.arasteh at gmail.com>
> >>>>>>> > > wrote:
> >>>>>>> > >
> >>>>>>> > >> Grec,
> >>>>>>> > >> Thank you very much for the amendments. I do not agree with
> >>>>>>> some of them
> >>>>>>> > >> In order to enable me to provide my counter comments to you,
> >>>>>>> pls provide
> >>>>>>> > >> a word version of your amendment as soon as convinient
> >>>>>>> > >> Regards
> >>>>>>> > >> Kavouss
> >>>>>>> > >>
> >>>>>>> > >>
> >>>>>>> > >> 2016-08-07 0:22 GMT+02:00 Greg Shatan <
gregshatanipc at gmail.com
> >>>>>>> >:
> >>>>>>> > >>
> >>>>>>> > >>> CWG,
> >>>>>>> > >>>
> >>>>>>> > >>> I am forwarding a revised draft of the proposed Community
> >>>>>>> Agreement
> >>>>>>> > >>> relating to the IANA IPR.  In addition to any other comments
> >>>>>>> you may have,
> >>>>>>> > >>> I draw your attention to the two specific items in the email
> >>>>>>> below: (1)
> >>>>>>> > >>> identifying an entity to sign for the names community, and
(2)
> >>>>>>> providing a
> >>>>>>> > >>> brief description of the IANA Services used by the names
> >>>>>>> community (
> >>>>>>> > >>> *see* Exhibit A for descriptions provided by the other
> >>>>>>> communities).
> >>>>>>> > >>>
> >>>>>>> > >>> This will be the subject of further refinement by the IPR
> >>>>>>> collaborative
> >>>>>>> > >>> group early in the week, with the goal of initiating a
public
> >>>>>>> comment
> >>>>>>> > >>> period as soon as possible after the CWG-IANA meeting on
> >>>>>>> Thursday.
> >>>>>>> > >>>
> >>>>>>> > >>> Greg
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> ---------- Forwarded message ----------
> >>>>>>> > >>> From: Hofheimer, Joshua T. <jhofheimer at sidley.com>
> >>>>>>> > >>> Date: Sat, Aug 6, 2016 at 4:55 PM
> >>>>>>> > >>> Subject: [client com] FW: Revised Community Agreement Draft:
> >>>>>>> 08-05-2016
> >>>>>>> > >>> To: Client <cwg-client at icann.org>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Dear Client Committee,
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Attached please find a revised draft of the proposed
Community
> >>>>>>> Agreement
> >>>>>>> > >>> for your review and comment.  This is an iterative version
> >>>>>>> prepared jointly
> >>>>>>> > >>> by counsel (Sidley) to the CWG and counsel to the IETF Trust
> >>>>>>> to reflect the
> >>>>>>> > >>> 7-point discussion items.  To be clear, it is still a work
in
> >>>>>>> progress, but
> >>>>>>> > >>> we believe ready for the CWG to have an opportunity for
review.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Two important issues to highlight:
> >>>>>>> > >>>
> >>>>>>> > >>> 1) the Names Community needs to determine who will be the
> >>>>>>> signatory
> >>>>>>> > >>> party, acting on behalf of the Names Community, to the
> >>>>>>> Community
> >>>>>>> > >>> Agreement.  For your information, the attached draft has the
> >>>>>>> organizations
> >>>>>>> > >>> put forward to represent the Numbers and Protocols
> >>>>>>> Communities; and
> >>>>>>> > >>>
> >>>>>>> > >>> 2) we need a brief description of the IANA services to be
> >>>>>>> provided on
> >>>>>>> > >>> behalf of the Names Community.  The following high-level
> >>>>>>> description was
> >>>>>>> > >>> included in a draft of the Naming Functions Agreement.  If
> >>>>>>> this is
> >>>>>>> > >>> acceptable for including here is well, please advise (or we
> >>>>>>> ask the Client
> >>>>>>> > >>> Committee to provide a sufficient description):
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> The “*IANA Naming Function*” is comprised of:
> >>>>>>> > >>>
> >>>>>>> > >>> (a)             Management of the DNS Root Zone (“*Root Zone
> >>>>>>> Management*
> >>>>>>> > >>> ”);
> >>>>>>> > >>>
> >>>>>>> > >>> (b)             Management of the .INT top-level domain;
> >>>>>>> > >>>
> >>>>>>> > >>> (c)              Maintenance of a repository of
> >>>>>>> internationalized
> >>>>>>> > >>> domain name tables and label generation rule sets; and
> >>>>>>> > >>>
> >>>>>>> > >>> (d)             Provision of other services related to the
> >>>>>>> management
> >>>>>>> > >>> of .INT top-level domains, at ICANN’s reasonable request and
> >>>>>>> at ICANN’s
> >>>>>>> > >>> expense.
> >>>>>>> > >>>
> >>>>>>> > >>> Please provide any comment or feedback as soon as practical,
> >>>>>>> as we are
> >>>>>>> > >>> trying to finalize the draft for approval by the various
> >>>>>>> stakeholders and
> >>>>>>> > >>> release for public comment by Thursday.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Thank you in advance.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Cheers,
> >>>>>>> > >>>
> >>>>>>> > >>> Josh
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> *Joshua Hofheimer*
> >>>>>>> > >>>
> >>>>>>> > >>> *Sidley Austin LLP*
> >>>>>>> > >>>
> >>>>>>> > >>> *jhofheimer at sidley.com <jhofheimer at sidley.com>*
> >>>>>>> > >>>
> >>>>>>> > >>> *(213) 896-6061 <%28213%29%20896-6061> (LA direct)*
> >>>>>>> > >>>
> >>>>>>> > >>> *(650) 565-7561 <%28650%29%20565-7561> (Palo Alto direct)*
> >>>>>>> > >>>
> >>>>>>> > >>> *(323) 708-2405 <%28323%29%20708-2405> (cell)*
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> *From:* iana-ipr-bounces at nro.net [mailto:
> >>>>>>> iana-ipr-bounces at nro.net] *On
> >>>>>>> > >>> Behalf Of *Jorge Contreras
> >>>>>>> > >>> *Sent:* Friday, August 05, 2016 10:01 AM
> >>>>>>> > >>> *To:* iana-ipr at nro.net
> >>>>>>> > >>> *Subject:* [Iana-ipr] Revised Community Agreement Draft:
> >>>>>>> 08-05-2016
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> All – attached is a draft of the Community Agreement that
Josh
> >>>>>>> and I
> >>>>>>> > >>> have collaborated on over the past two days.  We believe
that
> >>>>>>> it reflects
> >>>>>>> > >>> the current requirements of the parties, and submit it for
> >>>>>>> your review and
> >>>>>>> > >>> discussion.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> A clean version, as well as a marked version against the
draft
> >>>>>>> of
> >>>>>>> > >>> 07-30-16 (in PDF format) are attached.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Please note a few items that still need to be completed,
> >>>>>>> including the
> >>>>>>> > >>> description of the IANA Names Service, the identities of the
> >>>>>>> CCG
> >>>>>>> > >>> representatives, etc.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Best regards,
> >>>>>>> > >>>
> >>>>>>> > >>> Jorge
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> Jorge L. Contreras
> >>>>>>> > >>>
> >>>>>>> > >>> Contreras Legal Strategy LLC
> >>>>>>> > >>>
> >>>>>>> > >>> 1711 Massachusetts Ave. NW, No. 710
> >>>>>>> > >>>
> >>>>>>> > >>> Washington, DC 20036
> >>>>>>> > >>>
> >>>>>>> > >>> contreraslegal at att.net
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> The contents of this message may be attorney-client
privileged
> >>>>>>> and
> >>>>>>> > >>> confidential.  If you are not the intended recipient, please
> >>>>>>> delete this
> >>>>>>> > >>> message immediately.
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> ************************************************************
> >>>>>>> > >>> ****************************************
> >>>>>>> > >>> This e-mail is sent by a law firm and may contain
information
> >>>>>>> that is
> >>>>>>> > >>> privileged or confidential.
> >>>>>>> > >>> If you are not the intended recipient, please delete the
> >>>>>>> e-mail and any
> >>>>>>> > >>> attachments and notify us
> >>>>>>> > >>> immediately.
> >>>>>>> > >>>
> >>>>>>> > >>> ************************************************************
> >>>>>>> > >>> ****************************************
> >>>>>>> > >>>
> >>>>>>> > >>> _______________________________________________
> >>>>>>> > >>> Cwg-client mailing list
> >>>>>>> > >>> Cwg-client at icann.org
> >>>>>>> > >>> https://mm.icann.org/mailman/listinfo/cwg-client
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>> _______________________________________________
> >>>>>>> > >>> CWG-Stewardship mailing list
> >>>>>>> > >>> CWG-Stewardship at icann.org
> >>>>>>> > >>> https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >>>>>>> > >>>
> >>>>>>> > >>>
> >>>>>>> > >>
> >>>>>>> > >> _______________________________________________
> >>>>>>> > >> CWG-Stewardship mailing list
> >>>>>>> > >> CWG-Stewardship at icann.org
> >>>>>>> > >> https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >>>>>>> > >>
> >>>>>>> > >>
> >>>>>>>
> >>>>>>> > _______________________________________________
> >>>>>>> > CWG-Stewardship mailing list
> >>>>>>> > CWG-Stewardship at icann.org
> >>>>>>> > https://mm.icann.org/mailman/listinfo/cwg-stewardship
> >>>>>>>
> >>>>>>>
> >>>>>>> --
> >>>>>>> Andrew Sullivan
> >>>>>>> ajs at anvilwalrusden.com
> >>>>>>>
> >>>>>>
> >>>>>>
> >>>>
> >>>
> >




--
Andrew Sullivan
ajs at anvilwalrusden.com
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