[CCWG-ACCT] [ccTLDcommunity] ICANN Statement Regarding IANA Intellectual Property Rights

Tue Aug 18 18:11:51 UTC 2015

Speaking from whois perspective, I would expect a scenario where whoever
holds the TM (IETF trust for instance) to be the admin contact while ICANN
would be technical contact for the domain name. I don't think we need to
argue on the need for ICANN(IFO) to have "operational" access to the domain
name.

Regards

Sent from my Asus Zenfone2
Kindly excuse brevity and typos.
On 18 Aug 2015 18:42, "Nigel Roberts" <nigel at channelisles.net> wrote:

Steve

You are right and for that reason ICANN must not have the IP rights to the
IANA.ORG domain name, or indeed unfettered control (as this discussion
implies.

Insteadm it must have a licence allowing it to be used day-to-day *BY*
ICANN, as long as it is the IANA contractor. It must have de-facto
day-to-day operational control. But that's it.

Therefore the Registrant of IANA.ORG needs to become a trusted third party
that holds the registration ON TRUST (in the legal sense) for the
beneficial owner (call that RightsCo if you like), who provides an
unlimited-use license to ICANN (or any other company that might get the
IANA contract in the future) under the terms of its carrying out the IANA
function.

On 18/08/15 17:20, Steve Crocker wrote:

> Becky,
>
> Not quite right.  I believe there are three trademarks, but far more
> important than the trademarks is the control of the iana.org domain
> name.  Despite the thousands of words of email devoted to the trademarks,
> in the case of IANA they’re of only modest, at best, practical importance.
> The domain name, however, is a key piece of the operation.
>
> Steve
>
>
>
> On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr at neustar.biz> wrote:
>
> I think that the IP rights in question are limited to the IANA trademark,
>> which the USG transferred to ICANN in 1999 or so.
>>
>> J. Beckwith Burr
>> Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer
>> 1775 Pennsylvania Avenue NW, Washington, DC 20006
>> Office: + 1.202.533.2932  Mobile:  +1.202.352.6367  /
>> becky.burr at neustar.biz / www.neustar.biz
>>
>>
>>
>>
>>
>>
>> On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el at lisse.NA> wrote:
>>
>> Gabi,
>>>
>>> thank you for posting this.
>>>
>>> All,
>>>
>>> I want to place on record, that this needs SIGNIFICANT thought, and
>>> considerably more detail than what is provided here.
>>>
>>> In particular what actual Intellectual Property Rights do they mean,
>>> EXACTLY? And I would like to see them in a numbered list :-)-O
>>>
>>> Most certainly will the root zone (database) on which the NSF is
>>> performed, and the contacts database (DEF) NOT fall under this.
>>>
>>>
>>> Without having thought this through to the end, however, I think this is
>>> a WS1 item for the CCWG Accountability, and needs to be dsicussed on
>>> tonight's call.
>>>
>>>
>>> Fortunately, we have time, the transition has been postponed to
>>> 2016-09-30 last Friday
>>>
>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_
>>>
>>> 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO
>>>
>>> ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n
>>> jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
>>>
>>> greetings, el
>>>
>>>
>>> On 2015-08-18 09:16, Gabriella Schittek wrote:
>>>
>>>> Dear all,
>>>>
>>>> ICANN has released a statement regarding the IANA Intellectual Property
>>>> Rights:
>>>>
>>>> ===
>>>> ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15
>>>> August 2015
>>>> ICANN supports the IANA Stewardship Transition Group (ICG) proposal and
>>>> the underlying proposals from the Community Working Group (CWG), the
>>>> Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning
>>>> for the IANA/NTIA Transition (IANAPLAN) working group.
>>>> The ICANN Board is focused on how to implement the Intellectual Property
>>>> Rights (IPR) component of the proposal. The Board believes that for
>>>> stability and pragmatic operational reasons, the IANA Functions Operator
>>>> must have operational control over the IANA.ORG
>>>> <
>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c
>>>>
>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x
>>>>
>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl
>>>> EqzcJUU3MkUOa58&e= > domain.
>>>> During the transition, ICANN is prepared to transfer full ownership of
>>>> the IANA-related trademarks to a neutral third party mutually agreed
>>>> among the operational communities with the understanding that ICANN, as
>>>> the current IANA Functions Operator, will be granted license to those
>>>> trademarks and ICANN will maintain operational control of the IANA.ORG
>>>>
>>>> <
>>>> https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c
>>>>
>>>> =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x
>>>>
>>>> EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl
>>>> EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA
>>>> Functions Operator.
>>>> If the transfer during the transition affects the timeline, we advise
>>>> delay until after the transition. In that event ICANN is ready to hold
>>>> the IPR as interim measure but commits to transfer it within 120 days
>>>> after the neutral third party is identified by the operational
>>>> communities.
>>>> We believe this is neutral and in the public interest. We look forward
>>>> to hearing from anyone in the community.
>>>>
>>>> ===
>>>>
>>>> See
>>>>
>>>> https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a
>>>>
>>>> nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c
>>>>
>>>> JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB
>>>> O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
>>>>
>>>>
>>>> Kind regards,
>>>>
>>>> Gabi
>>>>
>>>>
>>>>
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>>>>
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>>>>
>>> --
>>> Dr. Eberhard W. Lisse  \        / Obstetrician & Gynaecologist (Saar)
>>> el at lisse.NA            / *     |   Telephone: +264 81 124 6733 (cell)
>>> PO Box 8421             \     /
>>> Bachbrecht, Namibia     ;____/
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>>
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