[Gnso-igo-ingo-crp] MP3, Attendance & AC Chat for IGO-INGO CRP PDP WG call on Thursday, 14 September 2017

Thu Sep 14 19:11:22 UTC 2017

Dear All,

Please find the attendance and MP3 recording along with the AC recording and chat below for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Thursday, 14 September 2017 at 16:00 UTC.

Mp3:  http://audio.icann.org/gnso/gnso-igo-ingo-crp-pdp-14sep17-en.mp3

AC Recording:  https://participate.icann.org/p8qeyo3hc75/<https://participate.icann.org/p8qeyo3hc75/?OWASP_CSRFTOKEN=00c812ada3468bdbf76ab76ba262cba38f6b379ff1ecf84d6fb621aa57924c15>
The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page: https://gnso.icann.org/en/group-activities/calendar

Attendees:
George Kirikos
Mason Cole
Paul Tattersfield
Phil Corwin
Jay Chapman
David Maher
Osvaldo Novoa

  Apologies:
  Petter Rindforth
  Paul Keating

ICANN staff:

Mary Wong

Steve Chan
Berry Cobb
Dennis Chang

Julie Bisland

** Please let me know if your name has been left off the list **

Mailing list archives: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/

Wiki Agenda page:   https://community.icann.org/x/hSkhB

Thank you.
Kind regards,

Julie

-------------------------------
Adobe Connect chat transcript for Thursday, 14 September 2017

  Julie Bisland:Welcome to the IGO INGO Curative Rights Protection PDP Working Group on Thursday, 14 September 2017 at 16:00 UTC

  Julie Bisland:Agenda wiki page:  https://urldefense.proofpoint.com/v2/url?u=https-3A__community.icann.org_x_hSkhB&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=QiF-05YzARosRvTYd84AB_UYInlydmFcjNmBM5XgySw&m=3sOO3lbNkgVyBHA-6sNr2jT7a2AihjQCvD6psPM_Ebw&s=H3ganCxIysD8b3a07oPb61YkaaxLzNGsKbJBMdskcbc&e=

  George Kirikos:Hi folks.

  Julie Bisland:hello George!

  George Kirikos:Hi Julie.

  George Kirikos:If I'm the only PDP participant in attendance today, it'll be easier to form a final consensus. :-)

  George Kirikos:Hi Mason & Phil.

  Mason Cole:Greetings all

  Philip Corwin:Hello all. Petter has a conflict and won't be joining today.

  Paul Tattersfield:Hello everyone

  George Kirikos:Welcome Paul.

  Paul Tattersfield:its better

  Paul Tattersfield:it's

  Mary Wong:We have pasted feedback received from Paul Keating via email to this revised diagram in the Notes pod on the right.

  Julie Bisland:Welcome Osvaldo Novoa

  Osvaldo Novoa:Hello all, sorry I'm late

  George Kirikos:Welcome Osvaldo.

  George Kirikos:It would be permissible to appeal to higher courts.

  Paul Tattersfield:Do we also have to define the provider(s), the governing law and the rules or arbitration?

  Julie Bisland:Welcome Jay Chapman

  Jay Chapman:Forgive my being late

  George Kirikos:Welcome Jay.

  Jay Chapman:Thanks, George

  George Kirikos:2nd question is easier.

  George Kirikos:+1 Phil

  Steve Chan:There is a callout (highlighted in blue) on the chart, noting where this option is possibly envisioned.

  George Kirikos:Conceivably it can be for the box above that, right.

  George Kirikos:In addition to the current box, not to replace it.

  George Kirikos:Perhaps send it to the mailing list, for further thinking.

  Paul Tattersfield:George's solution seems more elegant

  George Kirikos:It would just be another option, though, Paul. i.e. some might find it better to wait until the UDRP panel has weighed in.

  Paul Tattersfield:Paul K wanted it to be for all UDRPs

  Paul Tattersfield:they would have to close the judical rigts if it went to arbitration

  George Kirikos:I personally wouldn't expect to make that choice for myself, but it might be an option for someone else, depending on the circumstances.

  George Kirikos:That might have been a typo.

  George Kirikos:(by Paul K)

  George Kirikos:We'd not be able to change the arbitration for all respondents (that's something the RPM PDP might be able to do, but beyond our scope).

  George Kirikos:IGO can't raise immunity defence in an "in rem" case, since they're not actually being sued. (i.e. that's why Option 6 is so interesting).

  Jay Chapman:Paul's concern there is my greater concern with creating any type of arbitration appeal - other groups may be encouraged to seek their own appeal process

  Mary Wong:Staff agrees that recommending arbitration is likely beyond the PDP scope.

  George Kirikos:Very true, Jay.

  Paul Tattersfield:If  an arbitration and Judical options were both open to a registrant could try the arbitration if that was lost he could then try the judical route

  Mary Wong:Yes, sorry for not being clearer

  George Kirikos:@Paul: But the idea of going to arbitration is to give up the right to access the court.

  Mary Wong:@Paul T, the arbitration would be binding.

  Mary Wong:(taking off staff hat) I'm not a public international law expert but I would think that the IGO will, as a rule, still be able to assert jurisdictional immunity as it is still a party to the dispute - unless  perhaps the policy requires that agrement to this limited scope amounts to a waiver of immunity.

  George Kirikos:Default judgement.

  Jay Chapman:agree Phil

  George Kirikos:Right, Phil.

  Jay Chapman:To be clear - not all of us have tentatively agreed to an arbitration option.  Still listening though

  George Kirikos:+1 Jay :)

  Paul Tattersfield:Good poin Jay I think we're only exploring if alternatives are workable

  George Kirikos:https://www.icann.org/sites/default/files/tlds/accountants/accountants-agmt-html-20mar14-en.htm (5.2)

  Mason Cole:Would love to share, George, but out of my remit.  I'd have to defer to our legal team, and you're right, can't comment on .web.

  George Kirikos:Right, don't want to force any comment....just curious if the ICC rules seemed "fair".

  George Kirikos:(since those are what ICANN and registry operators have appeared to agree to, or were compelled to agree to)

  Paul Tattersfield:@Mary did you have chance to find the Ki-moon letter?

  Steve Chan:@Paul, Mary stepped away to another meeting, even if it looks like she's present. I'll follow up with her.

  George Kirikos:I think there was an arbitration via ICC, see: https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_resources_pages_governance_litigation-2Den&d=DwIFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=QiF-05YzARosRvTYd84AB_UYInlydmFcjNmBM5XgySw&m=3sOO3lbNkgVyBHA-6sNr2jT7a2AihjQCvD6psPM_Ebw&s=IwG_RSOFnaDHjn29tdsh0_hAw57vFsIfc58MFiRZtjA&e=

  George Kirikos:OpenTLD v. ICANN

  George Kirikos:Also Employ Media v. ICANN

  Paul Tattersfield:Thanks Steve appreciated

  Jay Chapman:Thanks, all.

  Osvaldo Novoa:Thank you, bye

  George Kirikos:Bye folks. Have a great day.

  Paul Tattersfield:Thanks all bye

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