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

Alan Greenberg alan.greenberg at mcgill.ca
Wed Oct 17 20:04:24 UTC 2012


Thanks Hong. Now, 2 more on that version.

1. the first bullet does not seem to be a request 
for information, but a statement of advice.
2. the expression "for subsistence or exercise" 
is not one I am familiar with. Google found just 
3 occurrences (which did not relate to weight 
loss), but they did not illuminate things a lot. 
Is it possible to use an expression that is in 
more common use, or at least have someone explain to me what it means?

Alan

At 17/10/2012 03:20 PM, Hong Xue wrote:
>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/Le 
> tter+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




More information about the GTLD-WG mailing list