[CWG-Stewardship] FW: [client com] IPR Memo

Alan Greenberg alan.greenberg at mcgill.ca
Mon Aug 10 21:28:01 UTC 2015


At 10/08/2015 03:06 PM, Avri Doria wrote:


>On 10-Aug-15 14:46, Seun Ojedeji wrote:
> > I really don't understand what we are looking to achieve with the new
> > trust that IETF cannot ensure. Do you care to elaborate on why you
> > think IETF is not sufficient as i havn't heard much of the whys and i
> > believe you have more IETF history than myself so maybe there is more
> > devil the details of IETF than i thought.
>
>I have said it a few times. In various ways, but I guess not clearly.
>
>The IETF Trust is excellent and full of trustworthy people.
>I trust them completely to protect IETF interests.
>Their  fiduciary responsibility is, in fact, to the IETF interests.
>In a crisis that could be problematic for the Names interests.
>    (I equate it to my mother having trusted my father's lawyer in their
>divorce)
>Names should not accept such a situation.
>
>The lawyers have indicated that there is legal manipulation that could
>be done to protect Names' interest.
>Jari has indicated that they are looking at language. I assume it is
>that kind of language.
>
>So we can wait to see that language and get our lawyer's opinion on it.
>Or we start working on separate language.
>Or we go down both paths in parallel so as not to interfere with the
>schedule.
>I see no other alternative.
>
>avri

I don't care much which way we go, but we need an overall direction 
and game plan. Perhaps it can be done with legal language (ICANN 
transfers the assets to the IETF Trust on the condition that ICANN 
will continue to have uninterupted access to and use of the assets in 
relation to the Stewardship of the IANA Names function).

Or perhaps we need a new trust.

Either way I think we need to get past theoretical options and move 
to the implementation of a real one.

Alan (with more than a little frustration) 



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