[gnso-gac-closed-generics] Additional context and background for closed generic gTLDs
Kathy Kleiman
Kathy at KathyKleiman.com
Sun Nov 13 14:08:24 UTC 2022
Jeff,
We should circle back to this before the next call. You have gone to
great lengths to bring governments into the discussion. They are here
and are experts in competition, small business and consumer confusion.
Are you telling us that we cannot talk about these issues?If so, I’m
incredulous. But I must be misunderstanding.
You write that we cannot be “re-opening or re-litigating historical
issues” (note: some members recommend we delete this phrase from our
draft commitments), but the SubPro Working Group called for experts to
help us review complicated issues. With government experts now in the
room, we can begin the hard work of interpreting and implementing GAC
Advice, but that means diving into the “public interest” concerns of
consumer trust, competition, small business, and trademark policy.
How else can we understand, interpret and implement the GAC Advice of
defining how “exclusive registry access should serve a public interestgoal”?
Best regards,
Kathy
On 11/7/2022 10:27 AM, Jeff Neuman wrote:
>
> Kathy,
>
> In the spirit of also not rehashing old arguments (and adhering to my
> own rule), all I will say is that there are two sides to every debate
> and you have faithfully presented one side. The other side is also
> just as important and claims that the issues you have presented do not
> in fact exist. This is why we are here today. If it was as straight
> forward as you have presented then it would have been wrapped up already.
>
> Sincerely,
>
> Jeff
>
>
>
> Jeffrey J. Neuman
>
> Founder & CEO
>
> JJN Solutions, LLC
>
> p: +1.202.549.5079
>
> E: jeff at jjnsolutions.com <mailto:jeff at jjnsolutions.com>
>
> http://jjnsolutions.com
>
> *From:* gnso-gac-closed-generics
> <gnso-gac-closed-generics-bounces at icann.org> *On Behalf Of *Kathy Kleiman
> *Sent:* Monday, November 7, 2022 7:05 AM
> *To:* gnso-gac-closed-generics at icann.org
> *Subject:* Re: [gnso-gac-closed-generics] Additional context and
> background for closed generic gTLDs
>
> Jeff,
>
> If we don't resolve the competition, consumer confusion and violation
> of trademark principle/law problems raised by governments, large and
> small entities, and individuals around the world about closed generic
> gTLDs in the first round, then how do we reach a public interest
> solution? It's not "rehashing old arguments," it's getting to the
> heart of the matter.
>
> No one is saying we cannot reach the goal, but GAC members and the
> public told us long ago what we must consider to get there.
>
> Best, Kathy
>
> On 11/7/2022 1:04 AM, Jeff Neuman wrote:
>
> Kathy,
>
> While I appreciate your advocacy piece from an organization called
> the Domain Name Rights Coalition (which I admit I am not familiar
> with), all of the sources referenced were thoroughly discussed
> over the many years of the SubPro Working Group. Our job is very
> narrow and does not include revisiting all of the work done in
> SubPro, but rather to discuss whether a compromise proposal can be
> presented to the GNSO and the community for policy development.
>
> Your position opposing Closed Generics is well documented. But
> with all due respect, rehashing all of the old arguments for or
> against are counterproductive at best. We have agreed to a
> facilitator and I would propose that we follow her lead if we are
> to make any progress at all.
>
> Our job is to be objective in assessing potential compromises. I
> fear that advocating either completely for or completely against
> having Closed Generics will lessen the likelihood of success of
> the group.
>
> We have existing GAC Advice that states the Closed Generics must
> "serve a public interest goal." It does not state that they
> should be prohibited, nor does its state that it should be allowed
> without restriction. I would like to hear from the facilitator on
> how to proceed.
>
> Sincerely,
>
> Jeffrey J. Neuman
>
> Founder & CEO
>
> JJN Solutions, LLC
>
> Jeff at JJNSolutions.com
>
> +1.202.549.5079
>
> Http://www.jjnsolutions.com <Http://www.jjnsolutions.com>
>
> ------------------------------------------------------------------------
>
> *From:* gnso-gac-closed-generics
> <gnso-gac-closed-generics-bounces at icann.org>
> <mailto:gnso-gac-closed-generics-bounces at icann.org> on behalf of
> Kathy Kleiman <Kathy at KathyKleiman.com> <mailto:Kathy at KathyKleiman.com>
> *Sent:* Friday, November 4, 2022 4:51 PM
> *To:* gnso-gac-closed-generics at icann.org
> <gnso-gac-closed-generics at icann.org>
> <mailto:gnso-gac-closed-generics at icann.org>
> *Subject:* [gnso-gac-closed-generics] Additional context and
> background for closed generic gTLDs
>
> Hi All,
>
> In Kuala Lumpur, at the Public Forum, I shared my concern that we
> need more background and context about closed generic issues
> raised by governments and commenters in 2012 and 2013. Afterwards,
> others at the Public Forum agreed and shared their hope that more
> information about Early Warnings and community comments would be
> compiled.
>
> To that end, some members of the community prepared a paper with
> additional background and context- a compendium of Early Warnings
> and comments on closed generic gTLDs in the first round. Please
> see attached.
>
> Best regards,
>
> Kathy
>
>
>
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