[council] GNSO Council Meeting with ICANN Board

Sun Mar 23 04:00:26 UTC 2014

Dear Brett:

Thank you for the suggestion.  However, contrary to the insinuation, my comment is not advanced on behalf of any one client or in respect to any one case.

Based on public comments and statements made here in Singapore, I was under the impression that a considerable portion of the community saw the proposed review mechanism as problematic for a variety of reasons including its scope and, conversely, its very existence.

Perhaps you would like to lead any discussion with the Board on this issue instead, given the Uniregistry public comment<http://forum.icann.org/lists/comments-sco-framework-principles-11feb14/msg00018.html> on this issue, portions of which I am personally inclined to agree with.

The proposal to further  reconsider these decisions on what appears to be an arbitrary selection basis for such reconsideration is an invitation for all parties dissatisfied with outcomes to lobby for ad-hoc changes to the new TLD process.

* * * *

We believe the more efficient view, however, is to allow the opinions to stand, as they are, and resolve the contentions as described above, which does not require any extraordinary intervention by ICANN.

Ultimately, to the extent that the Council addresses "the success (or not) of the new gTLD program" per the proposed agenda, I thought the pending SCO review proposal should at least receive mention for consideration.

Thank you,

Brian

Brian J. Winterfeldt
Head of Internet Practice
Katten Muchin Rosenman LLP
2900 K Street NW, North Tower - Suite 200 / Washington, DC 20007-5118
p / (202) 625-3562 f / (202) 339-8244
brian.winterfeldt at kattenlaw.com<mailto:brian.winterfeldt at kattenlaw.com> / www.kattenlaw.com<http://www.kattenlaw.com/>

From: owner-council at gnso.icann.org<mailto:owner-council at gnso.icann.org> [mailto:owner-council at gnso.icann.org] On Behalf Of Bret Fausett
Sent: Sunday, March 23, 2014 11:30 AM
To: council at gnso.icann.org<mailto:council at gnso.icann.org>
Subject: Re: RE: [council] GNSO Council Meeting with ICANN Board

On Mar 23, 2014, at 10:40 AM, Winterfeldt, Brian J. <brian.winterfeldt at kattenlaw.com<mailto:brian.winterfeldt at kattenlaw.com>> wrote:
*  An ad hoc, unbalanced and unduly narrow proposed SCO review mechanism.

Brian, if you speak on this, can you please identify yourself as counsel for Google in the CAR/CARS and other plurals disputes?

At Uniregistry, we obviously have a different view on this. Having prevailed in all of our disputes, we do not believe it is appropriate, or contractually permissible, to ask us to reargue them. If we have one side of this issue articulated to the Board, you'll need to put me in the queue to provide the counter view.

         Bret

--
Bret Fausett, Esq. * General Counsel, Uniregistry, Inc.
12025 Waterfront Drive, Suite 200 * Playa Vista, CA 90094-2536
310-496-5755 (T) * 310-985-1351 (M) * bret at uniregistry.com<mailto:bret at uniregistry.com>
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