[Gnso-ppsai-pdp-wg] Revised Reveal Doc
Kathy Kleiman
kathy at kathykleiman.com
Mon Mar 23 22:14:57 UTC 2015
I forgot to add that John Berryhill would like to join us tomorrow. He
can speak from very direct experience to the difference between working
with "agents" of a copyright and trademark owner, or the
trademark/copyright owners and attorney directly. I think it will be
valuable insight - and inform our important discussion!
Best,
Kathy
:
> Hi Kiran,
> Thank you for your comments. The agency issue worries some of us
> greatly. By what authority is the "agency" established; what actual
> knowledge of the a) trademark or copyright owner's rights are there,
> b) by what expertise can he/she make an assessment of infringement and
> c) by what right, ability or authority can the signatory bind the
> trademark or copyright owner to the allegations being made.
>
> I should note that the proposed changes follow the DMCA: for a Reveal
> Subpoena, the request must be done by an attorney for the Requester or
> by the Requester himself/herself/itself (in the US we call it "pro se").
>
> Best,
> Kathy
> :
>> Hi Kathy,
>>
>> Thanks for forwarding this to the group, and special thanks for
>> forwarding with enough time to review before the call!
>>
>> We can certainly discuss in more depth on the call tomorrow, but I am
>> not a fan of the changes in Section II. I'm concerned about the
>> level of minutiae in the language, and I'm wondering how and why that
>> level of micromanagement will be helpful/probative information to the
>> Service Provider. In very large companies, the trademark
>> owner/president/VP/partner, etc. isn't actually involved directly in
>> the enforcement activity. It should be enough to demonstrate agency,
>> as the previous language did.
>>
>> Perhaps I will have more later, but I wanted to float that to the
>> group before the call.
>>
>> Thanks,
>>
>> Kiran
>>
>> Kiran Malancharuvil
>> Policy Counselor
>> MarkMonitor
>> 415.222.8318 (t)
>> 415.419.9138 (m)
>> www.markmonitor.com
>>
>>
>>
>> -----Original Message-----
>> From: gnso-ppsai-pdp-wg-bounces at icann.org
>> [mailto:gnso-ppsai-pdp-wg-bounces at icann.org] On Behalf Of Kathy Kleiman
>> Sent: Sunday, March 22, 2015 11:19 AM
>> To: gnso-ppsai-pdp-wg at icann.org; Metalitz, Steven; Graeme Bunton
>> Subject: [Gnso-ppsai-pdp-wg] Revised Reveal Doc
>>
>> Hi All,
>> Steve and I talked on Friday, and he asked me to circulate a Revised
>> Reveal document -- which is attached. This document has three types
>> of changes based on our discussion last Tuesday and subsequent research:
>>
>> 1. To the title (reset pending further discussion) 2. To Section II,
>> the Request Templates to clarify the requester and his/her direct
>> knowledge of the alleged infringement and legal authority to
>> represent the Requester, and 3. Annex (reset to original pending
>> discussion with drafters over the narrow goals and intents of this
>> section)
>>
>> All other edits remain - to continue our excellent discussion of high
>> standards for disclosure, human rights issues, etc. There is also
>> much to discuss regarding follow-up processes (after the Request)
>> including
>> a) when are appeals allowed and for whom, and b) how does a Provider
>> challenge an alleged "wrongful disclosure" of its Customer's
>> information?
>>
>> Best and have a good rest of weekend,
>> Kathy
>
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