[council] Current draft of Fadi's requested communication from council

Marika Konings marika.konings at icann.org
Wed Feb 13 09:25:54 UTC 2013

All, it may be worth noting that Fadi in his meeting with the NCPH in LA
further clarified the comments made in Amsterdam as follows:

One is to clarify a comment I made in Amsterdam on Friday - after Davos I
stopped in Amsterdam and the press and some other people carried my comment
and extrapolated it in ways that were not true. So I don't have time to go
fix it with the public but you are who matters so I'm just going to explain
it. I did say publicly that I believed the way the trademark clearinghouse
activities happened, I have made a mistake. And people construed that to
mean I felt the whole thing was a mistake and we shouldn't of done it and,
you know, this - let me clarify. I think as I have told you and I told some
of you in person, I'm new to this process, (understand) that I'm new to this
process and that I have learned - a lot to learn and I still have a lot to
learn. It will be awhile before I fully appreciate the world I'm in now.

And as such, what I explained is that the way I went about solving what I
thought was an issue in Toronto and I needed to do something about it and I
still believe is an issue, I don't believe that the claims or the things
that you brought to my attention, you know, are not right. Quite the
opposite, I think they're very right, that's why I engaged, that's why I
jumped on it. The mistake I did is that I did not fully appreciate the
process and understand how the process should work. And some people got very
upset with me and I have now a complaint with the (best) person who's
spending two hours with me this afternoon with the complainant to discuss
with and that's fine. That's the process and I respect it deeply and I'll be
there for it but I am not at all saying and will not say and in fact I'm in
vehement agreement with many of you in this room that we do have some issues
and they have to be solved. If we are a responsible industry we have to face
these issues and deal with them.

If I made a mistake (in how) that's fine, I'll fix that and get on with how,
but I am not shying away from the importance of the matters you brought to
my attention and that I still believe need to be addressed.


With best regards,


From:  Volker Greimann - Key-Systems GmbHz <vgreimann at key-Systems.net>
Date:  Wednesday 13 February 2013 01:25
To:  "john at crediblecontext.com" <john at crediblecontext.com>
Cc:  Mason Cole <mcole at 5x5com.com>, "council at gnso.icann.org List"
<council at gnso.icann.org>
Subject:  Re: [council] Current draft of Fadi's requested communication from

I think Fadi has made it very clear during the meeting in Amsterdam that he
has now understood the BC and IPC requests that led to the strawman as a
second bite of the apple, as he called it. The proposed contents of the
strawman would certainly constitute an expansion of the rights of a
trademark holder in the domain world. I therefore support sending the draft
letter as is.

Sent from my iPad

On 13.02.2013, at 01:11, john at crediblecontext.com wrote:

> Mason,
> Did I not suggest the "expansion of rights" language is a bit over the top?
> Berard
>> --------- Original Message ---------
>> Subject: [council] Current draft of Fadi's requested communication from
>> council
>> From: Mason Cole <mcole at 5x5com.com>
>> Date: 2/12/13 3:00 pm
>> To: "council at gnso.icann.org List" <council at gnso.icann.org>
>> Council colleagues --
>>  As you know, Fadi requested of the council its input regarding the strawman
>> proposal resulting from the BC's and IPC's request for additional RPMs in new
>> gTLDs. On December 27, I circulated an early draft of a council reply.
>>  The communication is due very shortly, and has been taken up by a small
>> group within the council to ensure that all points of view are represented.
>> Because this is an agenda item for our meeting this week, at Maria Farrell's
>> helpful suggestion, I'm sending the current draft to council so we can be
>> prepared to discuss it then. This draft does not reflect additional input of
>> the BC and IPC -- if this is provided prior to the meeting, I'll be happy to
>> forward it to the council.
>>  Thanks --
>>  Mason

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