[GTLD-WG] Letter Regarding Registry SG DIDT on TMCH

Hong Xue hongxueipr at gmail.com
Wed Oct 17 19:20:54 UTC 2012


Hi, Alan, that was only in the old version.

Please refer to the updated version on wiki at
https://community.icann.org/display/atlarge/Letter+Regarding+Registry+SG+DIDT+on+TMCH

Hong

On Thu, Oct 18, 2012 at 3:11 AM, Alan Greenberg
<alan.greenberg at mcgill.ca> wrote:
> In the bullet, "Why specific information business
> model information cannot be redacted, allowing
> for disclosure of other relevant information.", is that what we really mean?
>
> Sure unredacted or revealed. As is it seems to be
> asking for information to be hidden.
>
> Or am I mis-reading??
>
> Alan
>
> At 17/10/2012 11:49 AM, Avri Doria wrote:
>>Hi,
>>
>>re:
>>https://community.icann.org/display/atlarge/Letter+Regarding+Registry+SG+DIDT+on+TMCH
>>(plain text version below for anyone who cannot access a wiki)
>>
>>Thanks for the changes.
>>
>>It is now 24 hours without change.
>>
>>Last call: does anyone have an issue with my
>>sending this onto the ALAC for approval?
>>
>>Thanks
>>
>>avri
>>
>>On 16 Oct 2012, at 11:15, Hong Xue wrote:
>>
>> > Done.
>> >
>> > Hong
>> >
>> > On Tue, Oct 16, 2012 at 10:56 PM, Avri Doria <avri at acm.org> wrote:
>> >> Hi,
>> >>
>> >> Can you make the changes on the Wiki page to be exactly what you want?
>> >>
>> >> thanks
>> >>
>> >> avri
>> >>
>> >> On 16 Oct 2012, at 10:17, Hong Xue wrote:
>> >>
>> >>> Thanks, Avri, very timely and efficient. I made a few edit at the
>> >>> request part. Please see below.
>> >>>
>> >>> Hong
>> >>>
>> >>>>
>> >>>>
>> https://community.icann.org/display/atlarge/Letter+Regarding+Registry+SG+DIDT+on+TMCH
>> >>>>
>> >>>> In August 2012 the Registry Stakeholder
>> Group filed a DIDP requesting all documents relating to
>> >>>>
>> >>>>       • any claims alleging ownership of
>> intellectual property rights made by any bidder
>> or bidders [for TMCH] responding to the RFI,
>> including but not limited to claims of
>> copyright in data or compilations of
>> data,  patents, trademarks or trade secrets; and
>> >>>>       • any analysis regarding validity of these claims.
>> >>>> In September 2012 ICANN responded that:
>> >>>>
>> >>>> Regarding this item, to the extent that
>> bidders made claims of ownership of
>> intellectual property rights associated with
>> the proposed operation of the Trademark
>> Clearinghouse, those materials are subject to
>> the same conditions of non-­disclosure
>> identified in conjunction with Documents on
>> cost and financial models regarding the
>> operation of TMCH. Regarding claims of
>> ownership of intellectual property rights
>> arising out of the operation of TMCH are being
>> negotiated and will be published in the finalized agreement later.
>> >>>
>> >>> [Hong] I paraphrased the ICANN's Response and shortened the second
>> >>> part. I will place the original expression back to avoid any
>> >>> misunderstanding.
>> >>>>
>> >>>> ALAC wishes to request further information on the following:
>> >>>>
>> >>>>       • Further clarification on the
>> information being given the protection of
>> non-disclosure. Normally Intellectual Property
>> rights are protected with public assertion and
>> Trademarks and other rights with Patents and
>> Patents Pending.  Since the information in
>> those processes affect the operation of a
>> critical ICANN process we do not understand why
>> this information is being given this level of shielding.
>> >>>
>> >>> [Hong] Seeking information on intellectual property rights affect or
>> >>> impact ICANN's decision and selection of TMCH providers. Legally,
>> >>> except trade secrets, intellectual property rights, including Patents,
>> >>> Copyright, Trademarks, should be publicly disclosed either for
>> >>> subsistence or exercise. If any intellectual property right affects or
>> >>> impacts ICANN's decision or selection, it shall be disclosed to the
>> >>> community in due course, rather than kept in secrecy.
>> >>>
>> >>>>       • Why specific information business
>> model information cannot be redacted, allowing
>> for disclosure of other relevant information.
>> >>>
>> >>> [Hong] Seeking information on whether ICANN (and its community) is
>> >>> appropriately licensed on royalty-free or RAND
>> >>> (reasonable-and-non-discriminatory) basis by the relevant intellectual
>> >>> property owners.
>> >>>
>> >>>>       • At what point the patents and patents pending will be disclosed.
>> >>>
>> >>> [Hong] Seeking information on whether ICANN is developing necessary
>> >>> intellectual property policy in decision-making and procurement
>> >>> process.
>> >>>
>> >>>>
>> >>>> ALAC would further like to advise that
>> ICANN needs to implements a comprehensive
>> IETF-like IPR policy as soon as possible.
>> >>>> _______________________________________________
>> >>>> GTLD-WG mailing list
>> >>>> GTLD-WG at atlarge-lists.icann.org
>> >>>> https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>> >>>>
>> >>>> Working Group direct URL:
>> https://community.icann.org/display/atlarge/New+GTLDs
>> >>>
>> >>>
>> >>>
>> >>> --
>> >>> Professor Dr. Hong Xue
>> >>> Director of Institute for the Internet Policy & Law (IIPL)
>> >>> Beijing Normal University
>> >>> http://www.iipl.org.cn/
>> >>> 19 Xin Jie Kou Wai Street
>> >>> Beijing 100875 China
>> >>>
>> >>
>> >
>> >
>>
>>
>>---Text ---
>>
>>In August 2012 the Registry Stakeholder Group
>>filed a DIDP requesting all documents relating to
>>
>>         • any claims alleging ownership of
>> intellectual property rights made by any bidder
>> or bidders [for TMCH] responding to the RFI,
>> including but not limited to claims of
>> copyright in data or compilations of
>> data,  patents, trademarks or trade secrets; and
>>         • any analysis regarding validity of these claims.
>>In September 2012 ICANN responded that:
>>
>>Regarding this item, to the extent that bidders
>>made claims of ownership of intellectual
>>property rights associated with the proposed
>>operation of the Trademark Clearinghouse, those
>>materials are subject to the same conditions of
>>non-­disclosure identified in conjunction with
>>Documents on cost and financial models regarding
>>the operation of TMCH. Regarding claims of
>>ownership of intellectual property rights
>>arising out of the operation of TMCH are being
>>negotiated and will be published in the finalized agreement later.
>>
>>ALAC wishes to request further information on the following:
>>
>>         • intellectual property rights affect
>> or impact ICANN's decision and selection of
>> TMCH providers. Legally, except trade secrets,
>> intellectual property rights, including
>> Patents, Copyright, Trademarks, should be
>> publicly disclosed either for subsistence or
>> exercise. If any intellectual property right
>> affects or impacts ICANN's decision or
>> selection, it shall be disclosed to the
>> community in due course, rather than kept in secrecy.
>>         • whether ICANN (and its community) is
>> appropriately licensed on royalty-free or RAND
>> (reasonable-and-non-discriminatory) basis by
>> the relevant intellectual property owners.
>>         • whether ICANN is developing necessary
>> intellectual property policy in decision-making or contract negotiation.
>>
>>ALAC would further like to advise that ICANN
>>needs to implement a thoughtful and
>>comprehensive intellectual property policy in
>>which public interest is properly secured. In
>>this regard, IETF's intellectual property policy sets a good example.
>>_______________________________________________
>>GTLD-WG mailing list
>>GTLD-WG at atlarge-lists.icann.org
>>https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>>
>>Working Group direct URL:
>>https://community.icann.org/display/atlarge/New+GTLDs
>
>
> _______________________________________________
> GTLD-WG mailing list
> GTLD-WG at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/gtld-wg
>
> Working Group direct URL: https://community.icann.org/display/atlarge/New+GTLDs



-- 
Professor Dr. Hong Xue
Director of Institute for the Internet Policy & Law (IIPL)
Beijing Normal University
http://www.iipl.org.cn/
19 Xin Jie Kou Wai Street
Beijing 100875 China



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