[client com] Fwd: Proposed Principal Terms of IANA Intellectual Property Agreements

[Greg Shatan]

Sidley Colleagues,

Attached please find "Proposed Principal Terms for the IPR-related
Agreements" for your review and comment.  This has been certified by the
CWG.  This is currently under review by counsel for the numbers and
protocols communities.  Since their review began some time ago, a prompt
(but not rushed) review would be greatly appreciated.  Please let us know
if you have any questions regarding the attached or the note below.

Best regards,

Greg

---------- Forwarded message ----------
From: Greg Shatan <gregshatanipc at gmail.com>
Date: Thu, May 12, 2016 at 11:09 AM
Subject: Proposed Principal Terms of IANA Intellectual Property Agreements
To: "cwg-stewardship at icann.org" <cwg-stewardship at icann.org>


All,

I've attached the current draft of the Proposed Principal Terms of IANA
Intellectual Property Agreements.  This is the "stable" draft which has now
been in existence for a few weeks.  The other two communities have passed
this document on to their counsel for review and comment.  The intention is
to certify this document to Sidley for review and comment, assuming the CWG
approves that action on today's call.

In addition to the attached document, two subsequent suggestions were made
in the coordination group that prepared this document.  The intention is to
pass these along to Sidley as well.  The suggestions, and my reactions, are
set out below.

First in the bit about the registration rules for iana.org and
friends, the first introduction of "to prohibit updates" or whatever
it is, we could add a footnote to make it clear that what we're
talking about are status values in the shared registration system --
clientUpdateProhibited, clientDeleteProhibited, and
clientTransferProhibited.  I think this is just a clarification, and
no big deal.

>Agree.

A more substantive suggestion came from John Levine, who suggested
that we specify that the CCG needs to publish at its first meeting,
and then update from time to time, the quorum rules and other
decision-making processes they use.  A suggestion in the room was that
the rules be open to the CCG, except that quorum requires not only a
majority but some guarantee that at least one appointee from each of
the communities must be present for quorum.  I think this is a good
principle, because it ensures openness and procedural consistency (no
making up rules when a decision is needed).  Does anyone object?  Does
it seem reasonable?

>Overall, this seems sensible.  On CCG procedures, we may want to have a
"charter" for the group, although there may be other ways to ensure that
rules are in place.  As such, how we put those rules in place should be
kept general (i.e., not so specific as 'publish at its first meeting').
However, the point on quorum is one where we might want to be specific now
-- this echoes discussions we've been having about quorum and decisions
making in the CSC oversight group for IANA functions.  I think a majority
with at least one rep from each community is a pretty reasonable "floor"
for quorum requirements and one I have no trouble supporting at this
point.  Of course, this and many other details will get resolved when we
move from this "term sheet" stage to "definitive documentation."  What's
most important now is to keep moving toward that stage.

Greg
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