[gnso-rpm-wg] Agenda and documents for RPM Working Group call on Wednesday 6 September 2017

Phil Corwin psc at vlaw-dc.com
Wed Sep 6 16:58:24 UTC 2017


One personal comment.

I am in general agreement with this portion of George's posting:
	
	Also, when the data is being compiled for URS/UDRP complaints, it appears it's only checking whether the domain name was registered 	within a TMCH claims period. It should be broken down into even more detail, i.e. was the name registered in  (a) landrush period (i.e.
	post-sunrise) with TMCH claims notice, (b) GA period with TMCH claims notices (i.e. post landrush), or (c) GA period without TMCH claims 	notices.

Simply finding out which domains registered during the claims notice period, versus which ones registered post-claims notice, were subsequently the subject of a URS (and possibly UDRP) action is not very useful information for evaluating the efficacy of the claims notice in deterring infringement if the researchers do not know which ones  were exact matches of marks actually registered in the TMCH and therefore generated claims notices. 

Therefore, I believe the researchers involved in the relevant survey should have access to that information for the purpose of generating much more useful results. To be clear, these results would be released in the aggregate and no specific marks would be publicly revealed to be in the TMCH, as I don't wish to ignite that debate again.

Philip S. Corwin, Founding Principal
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-----Original Message-----
From: gnso-rpm-wg-bounces at icann.org [mailto:gnso-rpm-wg-bounces at icann.org] On Behalf Of George Kirikos
Sent: Wednesday, September 06, 2017 8:02 AM
To: Mary Wong
Cc: gnso-rpm-wg at icann.org
Subject: Re: [gnso-rpm-wg] Agenda and documents for RPM Working Group call on Wednesday 6 September 2017

For the collection of data regarding the URS/UDRP cases, it doesn't appear that any data is being collected regarding how many domains were registered in the same periods that *didn't* generate URS/UDRP complaints. That was an essential point, which was already raised previously (and appeared in a previous document), in order to ensure that it is a relative measurement (not an absolute one).

Also, when the data is being compiled for URS/UDRP complaints, it appears it's only checking whether the domain name was registered within a TMCH claims period. It should be broken down into even more detail, i.e. was the name registered in  (a) landrush period (i.e.
post-sunrise) with TMCH claims notice, (b) GA period with TMCH claims notices (i.e. post landrush), or (c) GA period without TMCH claims notices. If it turns out that the rate of cybersquatting in the landrush period was low, that supports the argument that the sunrise period can be eliminated without major harmful effects. On the other hand, if it turns out that the rate of cybersquatting in the landrush period was too high, that might argue for the retention of sunrises.

When pulling down WHOIS records, be careful to ensure that the domain hasn't been deleted and re-registered (might require use of historical WHOIS, e.g. from DomainTools.com).

With regards to "expanded match", it is going to be prohibitively expensive, in my opinion, relative to the other questions we're tasked with, since it basically requires building nearly the full system in question to test it with the historical data, etc. I've already pointed out the huge number of expanded terms generated by each rule, in a past email. Greg (or someone else) should generate all the relevant matches manually for a subset of common terms, e.g. taken from the Top 500 most commonly requested terms we've been waiting for from The Analysis Group), and those expanded matches should be evaluated by the working group, before hundreds of thousands of dollars, or even millions of dollars, are invested to build out the actual system being proposed.

There's a point in #8 (Contractors) about "ICANN staff to work with Deloitte and/or IBM to obtain aggregated, anonymized statistics demonstrating percentage of disputed domains that were registered in Sunrise and that generated a Claims Notice." That doesn't make sense to me --- in order to register in Sunrise, didn't one *need* to be a TM owner that had also purchased a recordal in the TMCH??

Under point #12 (middle column), it says "Compilation of all URS cases" -- shouldn't that have also included UDRP cases (for new gTLD domains), to match point #7, which measured both?

Generally, the data requests appear to be unbalanced, in that they are more focused on evaluating all possible harms of cybersquatting (e.g.
"all form of consumer harm" in one point) in order to justify retention of the RPMs, while not balancing that out by looking for
*all* data that could document the possible benefits of elimination of the RPMs in question (including, but not limited to, points I've already raised that are not reflected in the current draft data requests).

Sincerely,

George Kirikos
416-588-0269
http://www.leap.com/










































On Wed, Sep 6, 2017 at 12:21 AM, Mary Wong <mary.wong at icann.org> wrote:
> Dear all,
>
>
>
> The proposed agenda for our next Working Group call, coming up today 
> at 1700 UTC, is as follows:
>
>
>
> Roll call (via Adobe Connect and phone bridge only); updates to 
> Statements of Interest Review draft GNSO Council data collection 
> request (including suggested prioritization levels from the Working 
> Group co-chairs) Next steps/next meeting
>
>
>
> For agenda item #2, the following documents are attached:
>
> A draft request to the GNSO Council, in the form prescribed by the 
> GNSO Operating Procedures, outlining the request, the rationale for 
> the request, an initial estimated budget and list of possible sources, 
> as well as attachments detailing the Charter questions and data 
> collection tasks being contemplated.
>
>
>
> A Google Doc showing all the various data collection tasks identified 
> to date (as noted in Attachment 2 to the draft request form described 
> above), where the Working Group co-chairs have noted a preferred 
> prioritization level to each task.
>
>
>
> The staff understanding is that we will be focusing on a review of the 
> Google Doc on the call.
>
>
>
> Thanks and cheers
>
> Mary
>
>
> _______________________________________________
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> gnso-rpm-wg at icann.org
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