[gnso-rpm-wg] Action Items, Slides and Notes from the Working Group call held earlier today

Wed Apr 12 08:46:09 UTC 2017

Paul,

Without commenting on the merits of either "side" among others, the attached email from Brian Winterfeldt (dated 28-Mar) seems to go to the question you were then, and are now still, asking.

Regards,

Brian

-----Original Message-----
From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of Paul Keating
Sent: Wednesday, April 12, 2017 12:49 AM
To: J. Scott Evans
Cc: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Action Items, Slides and Notes from the Working Group call held earlier today

Not once has anyone from "your side"given a factual and legal reason.

As to this prior discussion please let me know when it took place.

Sent from my iPad

> On 12 Apr 2017, at 00:33, J. Scott Evans <jsevans at adobe.com> wrote:
>
> We have been through this all before. You’ve made these points and the advocates for the confidentiality of the data have clearly argued why your position is faulty. I agree to disagree with your position. If this information were so easily obtained (it is all publicly available), you’d have it.
>
>
>
>
> J. Scott Evans
> 408.536.5336 (tel)
> 345 Park Avenue, Mail Stop W11-544
> Director, Associate General Counsel
> 408.709.6162 (cell)
> San Jose, CA, 95110, USA
> Adobe. Make It an Experience.
> jsevans at adobe.com
> www.adobe.com
>
>
>
>
> On 4/11/17, 2:57 PM, "Paul Keating" <paul at law.es> wrote:
>
>    It says at most which domains it wants pre-emptiness and notice rights over.
>
>    Hardly a confidential business secret.  The information is a public record.  And, After all the Information is instantly public the minute one pre-emptive sunrise registration is undertaken.  The notice right is completely a non secret.
>
>    And hardly sufficient to use to hide bad actors.
>
>
>
>    Sent from my iPad
>
>> On 11 Apr 2017, at 23:18, J. Scott Evans via gnso-rpm-wg <gnso-rpm-wg at icann.org> wrote:
>>
>> There is a big difference from a database that contains all a company’s registered marks and one that contains a culling for only those it deems most valuable for protection in the DNS. The former is clearly open for the public, the later is not.
>>
>> J. Scott
>>
>>
>> J. Scott Evans
>> 408.536.5336 (tel)
>> 345 Park Avenue, Mail Stop W11-544
>> Director, Associate General Counsel
>> 408.709.6162 (cell)
>> San Jose, CA, 95110, USA
>> Adobe. Make It an Experience.
>> jsevans at adobe.com
>> www.adobe.com
>>
>>
>>
>>
>> On 4/11/17, 2:03 PM, "gnso-rpm-wg-bounces at icann.org on behalf of Jeremy Malcolm" <gnso-rpm-wg-bounces at icann.org on behalf of jmalcolm at eff.org> wrote:
>>
>>   On 11/4/17 9:43 am, J. Scott Evans via gnso-rpm-wg wrote:
>>> George:
>>>
>>> We have all followed this string. We understand that you and a few others believe there need to be wholesale changes to the Sunrise mechanism and the TMCH database (or at least the confidentiality of that data).
>>>
>>> 1. Do you have a suggestion for how to improve the Sunrise mechanism?
>>> 2. I see very little support for violating the confidentiality provisions of the TMCH contract.
>>
>>   FWIW I am also all for bringing the transparency of the TMCH database
>>   into line with those of national trademark registries so that its
>>   secrecy does not facilitate the kinds of abuses that George has
>>   uncovered.  I have been an observer until now but I've just upgraded to
>>   member and plan to join the call tomorrow.
>>
>>   --
>>   Jeremy Malcolm
>>   Senior Global Policy Analyst
>>   Electronic Frontier Foundation
>>   https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Feff.org&data=02%7C01%7C%7C2528000b02f744c8d69a08d4811e3b81%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636275414221363260&sdata=FLU88IUnUq0DTixWIhDAELHUtjhYZgxqHGr8ihACkQ8%3D&reserved=0
>>   jmalcolm at eff.org
>>
>>   Tel: 415.436.9333 ext 161
>>
>>   :: Defending Your Rights in the Digital World ::
>>
>>   Public key: https://na01.safelinks.protection.outlook.com/?url=https%3A%2F%2Fwww.eff.org%2Ffiles%2F2016%2F11%2F27%2Fkey_jmalcolm.txt&data=02%7C01%7C%7C2528000b02f744c8d69a08d4811e3b81%7Cfa7b1b5a7b34438794aed2c178decee1%7C0%7C0%7C636275414221373268&sdata=GzYW9x04IhxeW3HTyWRedWTpbiQQOrfZfflAKXdh04M%3D&reserved=0
>>   PGP fingerprint: 75D2 4C0D 35EA EA2F 8CA8 8F79 4911 EC4A EDDF 1122
>>
>>
>>
>>
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From: "Winterfeldt, Brian J." <BWinterfeldt at mayerbrown.com>
Subject: Re: [gnso-rpm-wg] FOR INFORMATION: Letter from trademark scholars and
 information on Deloitte Ancillary Services
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