[CWG-Stewardship] Fwd: FW: Draft IANA License Agreement

Tue Aug 9 13:33:36 UTC 2016

Due to the inappropriate reactions made by the sender of this mail to me and pressure put on me that I had no option but to totally agreed to the draft without any rights to comments and due to the prevailing  practice practices exercised by some country and the rigid reference to those practice, I see the whole exercise purely  a formality
If no comments are accepted what is the usefulness of such process.
I was said during the last process that  subcommittee and lawyers have already agreed and there is no room to make any proposal,
This is not a democratic, open , transparent button- up multistsjeholder approach.
In fact it is outcome of a limited Group member of a given circle  
We are stranger people and gave no rights to even open our mouth 

Kavouss

Sent from my iPhone

> On 9 Aug 2016, at 00:29, Greg Shatan <gregshatanipc at gmail.com> wrote:
> 
> All,
> 
> Please see below and attached regarding the latest draft of the IANA IPR license agreement.  Please read the cover email from Josh Hofheimer (CWG counsel from Sidley) carefully.  Please note that this form will be used to create 3 parallel licenses, one for each IANA Service, each of which will run between the IETF Trust and the IANA Operator (currently, ICANN).
> 
> Please review and reply with any comments you may have.
> 
> Best regards,
> 
> Greg
> 
> ---------- Forwarded message ----------
> From: Hofheimer, Joshua T. <jhofheimer at sidley.com>
> Date: Mon, Aug 8, 2016 at 6:18 PM
> Subject: FW: Draft IANA License Agreement
> To: Greg Shatan <gregshatanipc at gmail.com>, Jonathan Robinson <jrobinson at afilias.info>, Lise Fuhr <lise.fuhr at difo.dk>
> Cc: "Flanagan, Sharon" <sflanagan at sidley.com>, "Gregory, Holly" <holly.gregory at sidley.com>, "Grapsas, Rebecca" <rebecca.grapsas at sidley.com>, "Resnick, Yael" <yresnick at sidley.com>
> 
> 
> Dear Client Committee,
> 
>  
> 
> Attached is a clean working draft of the IPR License Agreement.  As with the Community Agreement, this is an iterative version prepared jointly by counsel (Sidley) to the CWG and counsel to the IETF Trust to reflect the 7-point discussion items.  To be clear, it is an ongoing work in progress, but we believe ready for the CWG to have an opportunity for review.  This is intended to be released for public comment on Thursday, August 11, along with a revised draft of the Community Agreement.
> 
>  
> 
> Two redlines are attached, plus the clean:
> 
> ·        PDF marked against the ICANN draft on August 2.
> 
> ·        Redline Track Changes marked against the IETF Trust draft on July 30
> 
> ·        Clean draft, August 8
> 
>  
> 
> The redlines appear heavily marked as they predate the 7-Point discussion items reviewed with CWG previously.  The main changes here are to cut back any independent discretion the IETF Trust might have exerted over the performance and quality of the IANA Services.  This license agreement along with the Community Agreement, makes clear the oversight of the IANA Services is reserved to the applicable Operational Community – Names, Number or Protocols, as applicable.  Otherwise, we believe this draft effectively implements the compromises reached and reflected in the 7-Point discussion items.
> 
>  
> 
> Thank you in advance for your prompt attention to this matter.
> 
>  
> 
> Cheers,
> 
> Josh
> 
>  
> 
>  
> 
> Joshua Hofheimer
> 
> Sidley Austin LLP
> 
> jhofheimer at sidley.com
> 
> (213) 896-6061 (LA direct)
> 
> (650) 565-7561 (Palo Alto direct)
> 
> (323) 708-2405 (cell)
> 
>  
> 
> From: iana-ipr-bounces at nro.net [mailto:iana-ipr-bounces at nro.net] On Behalf Of Jorge Contreras
> Sent: Monday, August 08, 2016 2:44 PM
> To: iana-ipr at nro.net
> Subject: [Iana-ipr] Draft IANA License Agreement
> 
>  
> 
> All – attached is a revised draft of the IANA IPR License Agreement template, reflecting substantial discussions among the legal team over the last several days, as well as input from various communities.  
> 
>  
> 
> A clean version with a few comments for your consideration is attached, as well as a version marked against ICANN’s version of Aug. 2.  
> 
>  
> 
> Please feel free to send any comments, corrections or discussion by email in advance of our Wednesday call.
> 
>  
> 
> Best regards
> 
> Jorge 
> 
>  
> 
> Jorge L. Contreras
> 
> Contreras Legal Strategy LLC
> 
> 1711 Massachusetts Ave. NW, No. 710
> 
> Washington, DC 20036
> 
> contreraslegal at att.net
> 
>  
> 
> The contents of this message may be attorney-client privileged and confidential.  If you are not the intended recipient, please delete this message immediately.
> 
>  
> 
>  
> 
> ****************************************************************************************************
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> 
> 
> <License Agreement IANA IPR 08-08-2016 - marked vs ICANN 8-2.pdf>
> <License Agreement IANA IPR 08-08-2016 clean.docx>
> <Redline License Agreement IANA IPR - August 8 vs July 30 Draft.DOCX>
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