[Gnso-newgtld-wg-wt2] Relative article in regards to Terms and Conditions of Applicant Guidebook

Wed Feb 15 14:39:45 UTC 2017

Dear All,

Jim,

I very much tend to agree with you.

Unfortunately, it seems it may take years for this fundamental, overriding, overarching requirement of the Applicant Guidebook (Module 6.6 ) 11 January 2012, to be resolved. It is in CAPS, I might add.

Michael,

I agree. 

If we could get some input from those attendees, observers with a US based legal qualification that would be very much appreciated.

However if  ICANN Legal ( John Jeffery or Samantha Eisner) would be prepared to do a presentation on this to  WT2 or indeed the Full Sub Pro WG  that would be a start.

Jeff, Avri, Steve, Emily, 

Could this be arranged ? 

Very unfortunately, due to a medical appointment, I will not be able to attend, or indeed  Co-Chair the call tomorrow at 20.00 UTC. Apologises, again Michael. 

It also seems increasingly unlikely, very annoyingly, at this juncture, that I will not be able to attend ICANN Copenhagen, as well. 

Regards,

Phil

Phil Buckingham

CEO, Dot Advice,

Email: phil at dotadvice.co.uk

Skype: philip.buckingham14

Mobile UK : 00 44 (0)7957643357

LinkedIn : Phil Buckingham

From: gnso-newgtld-wg-wt2-bounces at icann.org [mailto:gnso-newgtld-wg-wt2-bounces at icann.org] On Behalf Of Jim Prendergast
Sent: Wednesday, February 15, 2017 10:15 AM
To: Michael Flemming
Cc: gnso-newgtld-wg-wt2 at icann.org
Subject: Re: [Gnso-newgtld-wg-wt2] Relative article in regards to Terms and Conditions of Applicant Guidebook

I would hesitate to draw any conclusions from this case as it's not over.  Once it's over that's a different scenario. 

Donuts also has an appeal in their .web case where this issue may also be re-litigated. 

Best to wait and see on both fronts before drawing any conclusions. 

I do have a question on the covenant to not sue. Was that called for in the GNSO recommendations or by the community?  Or was that something ICANN legal put in on their own accord?

On Feb 15, 2017, at 2:22 AM, Michael Flemming <flemming at brightsconsulting.com> wrote:

Dear All, 

Prior to our call this Thursday to discuss the T&Cs (Module 6) of AGB, there was a suggestion to share this article in regards to the most recent episode of the .africa court case. The previous ruling that stated the "covenant not to sue" was unenforceable, has now been overturned in the latest ruling on the case. As such, by this ruling, the covenant is now enforceable.

http://domainincite.com/21529-africa-to-finally-go-live-after-judge-denies-injunction

My own understanding and interpretation of this is as it resonates in the article, the covenant not to sue ICANN is enforceable. However, I would very much like to hear back from our participants with a more legal background on this.

I don't think this is case closed for us on the T&Cs, but perhaps will provide for better discussion material this Thursday.

Any thoughts? 

Regards,

Michael Flemming

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