[Gnso-newgtld-wg-wt5] Follow up on comment in chat during WT5 meeting of 6 June

Poncelet Ileleji pileleji at ymca.gm
Fri Jun 8 19:18:47 UTC 2018


Dear All,

I concur with Marita statement +1

Kind Regards

Poncelet

On 8 June 2018 at 18:36, Marita Moll <mmoll at ca.inter.net> wrote:

> I think this is a practical way forward. Let's start talking about a
> manageable "size of city" category that would not require an army of people
> to maintain, for starters. I imagine population is the easiest way to go.
> But maybe there are better ideas.
>
> Marita Moll
>
>
> On 6/8/2018 12:44 PM, Alexander Schubert wrote:
>
> Dear colleagues,
>
>
>
> Risking to repeat myself:
>
> ·        The base for our discussions is the 2012 AGB; NOT a “blank page”
>
> ·        The 2012 AGB distinguished between CATEGOGIES!
>
> ·        The categories “UN Regions and 3166 Alpha-2 subnational regions”
> seem relatively undisputed
>
> ·        So does the treatment of capital cities: All of these do not
> provide for a “non-geo use” provision!
>
> ·        The ONLY other “category” was “cities”
>
> ·        And for these there is a non-geo use provision
>
>
>
> Seemingly we now have two relatively simplistic tasks:
>
> 1.      Asking ourselves what the “objective criteria” might be that
> would equate a SIZEABLE city with the above categories! Undoubtedly a
> Million people city community needs AT MINIMUM to be looped in when some
> “brand” wants to hijack the name on DNS top level. Anybody who tries to
> tell me that the “trade mark rights” of a “brand” are outweighing those of
> 1 Million people earns my complete rejection. Sorry. The question is what
> the criteria would be to lift a city into the same category as capital
> cities or 3166 subnational regions.
>
> 2.      OUTSIDE of regulating the city category we MIGHT discuss other
> potential geo categories. But let’s not conflate both categories. Let’s
> focus.
>
>
>
> Thanks,
>
>
>
> Alexander.berlin
>
>
>
>
>
>
>
>
>
>
>
> *From:* Gnso-newgtld-wg-wt5 [mailto:gnso-newgtld-wg-wt5-bounces at icann.org
> <gnso-newgtld-wg-wt5-bounces at icann.org>] *On Behalf Of *Heather Forrest
> *Sent:* Freitag, 8. Juni 2018 09:16
> *To:* gnso-newgtld-wg-wt5 at icann.org
> *Subject:* [Gnso-newgtld-wg-wt5] Follow up on comment in chat during WT5
> meeting of 6 June
>
>
>
> Dear WT5 colleagues,
>
> I write to follow up on my comment in the AC chat near the end of our
> meeting on 6 June 2018 (Heather Forrest: In my view all of the proposals
> above based on quantitative thresholds suffer from randomness. I do not
> support the use of the letter of support/non-objection for other reasons
> already noted on the list, but these proposals create more problems. AND
> Heather Forrest:+1 Liz - and indeed I should have said 'arbitrariness'
> rather than 'randomness' (apologies- it's early morning here in APAC!)).
> I'm sorry that I had to drop the call soon after to attend another meeting,
> so was unable to provide context or answer questions.
>
> In the policy development process that led to the 2012 AGB the protection
> of famous and well-known trademarks, a legal right explicitly recognised by
> the Paris Convention for the Protection of Industrial Property (to which
> 177 countries are a member), was ultimately not adopted by the GNSO or
> implemented in the AGB. There is a very long history here that goes back to
> the Implementation Review Team (several highly experienced members of this
> PDP were members of that RT), but for our purposes I’ll just highlight that
> protection of famous trademarks through a ‘Globally Protected Marks List’
> (often referred to then as ‘GPML’) was rejected due to equivalent concerns
> as those raised by myself and others in our call about the use of
> quantitative, geographic eligibility criteria for protection.
>
> Those involved in the PDP at that time found it challenging to determine
> the criteria for identifying a mark as famous, and thus eligible to be
> included on the GPML. The inherently arbitrary nature of quantitative,
> geographical criteria (e.g., the mark being protected by registration in a
> specified number of jurisdictions in each of the five ICANN regions) was
> vigorously debated at ICANN35 in June 2009. At United States Congressional
> oversight hearings on new gTLDs in May 2011, ICANN’s then Senior Vice
> President for Stakeholder Relations cited concerns expressed by WIPO as to
> the mechanics of such a list and opposition from the GAC as chief obstacles
> to its implementation in new gTLD policy. He concluded: ‘The time,
> commitment and resources (from ICANN and the community) needed to create
> and maintain such a list would provide only marginal benefits as such a
> list would apply to only a small number of names and only for identical
> matches of those names.’  (https://www.icann.org/en/
> system/files/files/pritz-to-goodlatte-07jun11-en.pdf)
>
> Should WT5 conclude that it is now appropriate to use quantitative
> geographic criteria in relation to requirements on city names (as I have
> expressed before in meetings and submissions, I do not personally support
> this conclusion), we must be prepared to explain in detail in the Final
> Report how these criteria overcome challenge on the ground of
> arbitrariness, and are not inconsistent with this earlier GNSO policy
> decision.
>
>  Best wishes,
>
> Heather Forrest
>
> ---------- Forwarded message ----------
> From: *Terri Agnew* <terri.agnew at icann.org>
> Date: Thu, Jun 7, 2018 at 1:25 PM
> Subject: [Gnso-newgtld-wg-wt5] Recordings, attendance & Adobe Connect chat
> from GNSO New gTLD Subsequent Procedures PDP WG Work Track 5 (Geographic
> Names at the top-level) call / Wednesday, 06 June 2018
> To: "gnso-newgtld-wg-wt5 at icann.org" <gnso-newgtld-wg-wt5 at icann.org>
> Cc: "gnso-secs at icann.org" <gnso-secs at icann.org>
>
> Dear all,
>
>
>
> Please find the attendance and Adobe Connect chat of the call attached.
> The MP3 and Adobe Connect recording is below for the GNSO New gTLD
> Subsequent Procedures PDP WG Work Track 5 (Geographic Names at the
> top-level) call held on Wednesday, 06 June 2018 at 20:00 UTC.
>
>
>
> Agenda wiki page:   https://community.icann.org/x/MScFBQ
>
>
>
> As a reminder only members can join the call, observers can listen to the
> recordings and read the transcript afterwards. Please email
> gnso-secs at icann.org if you would like to change your status from observer
> to member.
>
>
>
> *Mp3: * https://audio.icann.org/gnso/gnso-new-gtld-subsequent-
> track5-06jun18-en.mp3
>
>
>
> *Adobe Connect recording: *https://participate.icann.org/p8b696447i2/
> <https://participate.icann.org/p8b696447i2/?OWASP_CSRFTOKEN=d01eb915b907ba60b592ccc21320b2067715609560b344fb59191929d07b3045>
>
> The recordings and transcriptions of the calls are posted on the GNSO
> Master Calendar page: http://gnso.icann.org/en/group-activities/calendar
>
> ** Please let me know if your name has been left off the list **
>
>
>
> Mailing list archives: http://mm.icann.org/pipermail/gnso-newgtld-wg-wt5/
>
>
>
> Main wiki page:  https://community.icann.org/x/YASbAw
>
>
>
> Thank you.
>
> Kind regards,
>
>
>
> Terri
>
>
>
>
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-- 
Poncelet O. Ileleji MBCS
Coordinator
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