[council] GNSO Council Meeting with ICANN Board

Sun Mar 23 04:10:04 UTC 2014

Thanks Maria,

I had come around to that view as well.

Jonathan

From: Maria Farrell [mailto:maria.farrell at gmail.com] 
Sent: 23 March 2014 12:06
To: Winterfeldt, Brian J.
Cc: council at gnso.icann.org
Subject: Re: [council] GNSO Council Meeting with ICANN Board

Hi all,

Just checking in - following Fadi's session with us yesterday and Theresa's
today, is there still a strong desire to put across the strat panels
question? I don't mind either way - but it strikes me that this is a very
full list and we have a lot of topics to discover. 

Maria

On 23 March 2014 12:00, Winterfeldt, Brian J.
<brian.winterfeldt at kattenlaw.com> wrote:

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/msg0
0018.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 <tel:%28202%29%20625-3562>  f / (202) 339-8244
<tel:%28202%29%20339-8244> 
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] On
Behalf Of Bret Fausett
Sent: Sunday, March 23, 2014 11:30 AM
To: 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> 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
— — — — — 

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