[CWG-Stewardship] FW: [client com] IANA IPR License & Community Agreement Template

[Seun Ojedeji]

Hello,

First apologies again for missing the meeting today as I expect what I am
about to say must have been discussed at length. I just had a brief look on
the community agreement and I was like wow! I cannot help but wonder
whether we are still talking about IANA IPR or the actual ownership of the
IANA functions.

My first general impression about this is that i think this is too
complicated and too unnecessarily detailed and cumbersome. There are quite
a number of segments in the agreement that makes it clear that the CCG is
in control while the trust is just an implementation medium; I liken the
trust role to that of the sole member. One of such sections is quoted below:

"Accordingly, the IETF Trust agrees, as set forth below, to seek the advice
and *consent* of the CCG with respect to *all* matters concerning the IANA
Intellectual Property,..."

Will I have no problem with notification to the operational communities,
the above implies requirement for approval of CCG for everything the IETF
does relating to IANA IPR and domain. This IMO is an overkill and is not
acceptable, not just because i feel it's technical wrong to control a Trust
in such manner but because it's improper to put such power in the hands of
volunteer community (Infact it's in the hand of 1 person from each
community since the agreement suggests that the trust should not question
communication from respective Co-Chairs).

I thought the CCG was going to act in a review mode; while providing advice
to their respective communities(or directly to the trust) whenever issues
are identified but this is way beyond the scope. I believe any official
communication to the Trust that are critical MUST always come from
executives of the respective communities and NOT from CCG. Afterall the
executives will be the signatories to the agreement.

Overall i am quite uncomfortable with the community agreement and I hope
that this issue would be addressed amicably. As I have always said, the
protocol is the source of all these and I don't see why we are overloading
this particular part of the transition unnecessarily.

Regards
Sent from my LG G4
Kindly excuse brevity and typos

On 28 Jul 2016 11:29 a.m., "Jonathan Robinson" <jrobinson at afilias.info>
wrote:

> All,
>
>
>
> Please see attached for the revised drafts of the IPR License and the
> Community Agreement.
>
>
>
> Jonathan
>
>
>
> *From:* Hofheimer, Joshua T. [mailto:jhofheimer at sidley.com]
> *Sent:* 27 July 2016 01:03
> *To:* Client Committee <cwg-client at icann.org>
> *Subject:* [client com] IANA IPR License & Community Agreement Template
>
>
>
> Greg and all,
>
>
>
> Attached are the final CWG revised drafts of the IPR License and the
> Community Agreement, clean and marked against the originals.  Per my prior
> note Greg, are you going to post, or do you want Sidley to do so.
>
>
>
> Cheers,
>
> Josh
>
>
>
> *Joshua Hofheimer*
>
> *Sidley Austin LLP*
>
> *jhofheimer at sidley.com <jhofheimer at sidley.com>*
>
> *(213) 896-6061 (LA direct)*
>
> *(650) 565-7561 (Palo Alto direct)*
>
> *(323) 708-2405 (cell)*
>
>
>
>
>
>
> ****************************************************************************************************
> This e-mail is sent by a law firm and may contain information that is
> privileged or confidential.
> If you are not the intended recipient, please delete the e-mail and any
> attachments and notify us
> immediately.
>
>
> ****************************************************************************************************
>
> _______________________________________________
> CWG-Stewardship mailing list
> CWG-Stewardship at icann.org
> https://mm.icann.org/mailman/listinfo/cwg-stewardship
>
>
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cwg-stewardship/attachments/20160728/e8174931/attachment.html>