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

Alan Greenberg alan.greenberg at mcgill.ca
Thu Oct 18 03:55:07 UTC 2012


Avri, my first point, I could fix. The second I 
don't have a clue since I don't have a clue what 
the expression means. Hopefully some TM lawyer 
can explain. Or leave it and presume that whoever 
reads the statement is more literate than I am. 
Or less tire and more willing to search out the meaning.

Alan

At 17/10/2012 11:40 PM, Avri Doria wrote:
>Hi,
>
>These seem to me like substantive comments and changes.
>
>I guess we missed the goal of submitting in Toronto.
>
>Obviously we will have to work a bit more toward 
>group consensus and wait to submit untii the we reach consensus.
>
>Alan: once you have the chance please make your changes.
>
>Once the text stabilizes again, I will restart the 24 hr clock.
>
>Thank you
>
>avri
>
>
>On 17 Oct 2012, at 17:30, Alan Greenberg wrote:
>
> > 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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>
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