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

Alan Greenberg alan.greenberg at mcgill.ca
Wed Oct 17 21:30:03 UTC 2012


In middles of GNSO meeting. Don't have the bandwidth to focus on that now.


At 17/10/2012 04:51 PM, Hong Xue wrote:
>Thanks, Alan, you may wish to edit the content directly on the wiki.
>
>
> >
> > 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?
>
>Sufficient disclosure of the technical solution in any given patent
>application is a prerequisite to grant the patent. All the patents
>must be made available to the public so as to subsist. Copyright and
>Trademark are meaningless until used publicly.
>
>
> >
> > 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
> >
> >
>
>
>
>--
>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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