[Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
Paul Keating
paul at law.es
Thu Nov 6 13:47:28 UTC 2014
Petter,
Creating some UDRP-like CRP for the domains at issue would create huge issues. In addition to issues noted by others:
1. It would apply on a domain level basis crossing all extensions.
2. It would require a change to the RAA and RA for each extension.
3. All of these Curative Rights mechanisms exist ONLY as a matter of contract (ICANN - Registrar (RAA) and Registrar - Registrant (RA)). Thus, any new system could not, as a matter of contract law, apply to existing domains until a new RAA is signed with every registrar and a new RA is signed with each registrant. Thus, a current registration for 10 years would mean the domain was exempt from the new CRP for 10 years until the domain was renewed.
4. The protection here exists ONLY as between members of the Paris Convention and/or WTO.
How would it apply to a registrant holding a registration per an agreement subject to the laws of a non-PC or non-WTO member state?
How would it apply to a registrant holding a registration per an agreement subject to the laws of a country who had objected to the particular name/symbol being included under 6ter?
5. Because the UDRP (and other CRPs) already apply "as to all" domains covered there under (e.g UDRP applies to ALL .COM domains), an amendment to the UDRP (and other CRPs) is required to exclude its application to domains falling under 6ter.
6. How is the registrar or,registrant to know that the new CRP is to apply to any particular domain? E.g. Is "expletive+IOC" included? What about "olympicburgers.com" or "OlympicPeninsulaCampingSites.com"? It becomes even worse with acronyms.
I revert to something George K said in a prior email. ICANN has neither the right nor the obligation to create new legal rights. This was true during the heady drafting days of the UDRP and remains the case today IMHO.
The more I look the more I feel that neither the GAC nor the IGOs have really thought this through. I fully understand that many of the IGOs both do great things and unlike the RC or IOC have very little money. However, and at the risk of sounding crass, it seems more of a case of late-comers to the party wanting to be relieved of consequences of their tardiness.
This begs us to consider other alternatives such as informing them of the existence of .INT or even the possible creation of .IGO and advising that any new CRP be limited to those extensions.
Regards,
Paul Keating
> On 06 Nov 2014, at 10:11 am, Petter Rindforth <petter.rindforth at fenixlegal.eu> wrote:
>
> I am not sure if GAC as such has considered this to 100%, but I am sure that IGO’s wants to avoid any changes of the UDRP.
> But, to refer to our previous discussion of “new CRP vs modified version of the UDRP”, what we talk about (if not add/change to the current UDRP) is not to create a completely new dispute resolution procedure for IGO’s, but rather “a modified version of UDRP” that will get a separate name and Regulation.
> Our “IGOUDRP” can therefore well be the existing UDRP with some minor changes related to IGO’s, and perhaps formally limited to IGO complainants if they are officially listed as IGO’s - to avoid other organizations/companies to claim that they can use this “new” system.
>
> / Petter
>
>
> --
> Petter Rindforth, LL M
>
> Fenix Legal KB
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> Sweden
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> 5 november 2014, Phil Corwin <psc at vlaw-dc.com> skrev:
>
>> I guess we could drill down a bit on the substance/procedures matter – although my guess is that they haven’t even thought about it, and were meaning to say that they want a new CRP for IGOs rather than any modified version of the UDRP.
>>
>>
>>
>> What do others think?
>>
>>
>>
>> Philip S. Corwin, Founding Principal
>>
>> Virtualaw LLC
>>
>> 1155 F Street, NW
>>
>> Suite 1050
>>
>> Washington, DC 20004
>>
>> 202-559-8597/Direct
>>
>> 202-559-8750/Fax
>>
>> 202-255-6172/cell
>>
>>
>>
>> Twitter: @VlawDC
>>
>>
>>
>> "Luck is the residue of design" -- Branch Rickey
>>
>>
>>
>> From: Paul Tattersfield [mailto:gpmgroup at gmail.com]
>> Sent: Wednesday, November 05, 2014 5:13 PM
>> To: Phil Corwin
>> Cc: Mason Cole; gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
>>
>>
>>
>> Mason's wording is very good. Do you guys think it would be worth building on Mason’s wording to try and ascertain if the GAC's proposed prohibition on UDRP changes is for substantive changes only or if they are seeking to prohibit procedural changes too?
>>
>>
>>
>> Yours sincerely,
>>
>>
>>
>>
>>
>> Paul
>>
>>
>>
>> On Wed, Nov 5, 2014 at 9:49 PM, Phil Corwin <psc at vlaw-dc.com> wrote:
>>
>> Mason:
>>
>>
>>
>> Given that you have the delicate task of interfacing with the GAC, I think your proposed minor modifications are fine.
>>
>>
>>
>> Best, Philip
>>
>>
>>
>> Philip S. Corwin, Founding Principal
>>
>> Virtualaw LLC
>>
>> 1155 F Street, NW
>>
>> Suite 1050
>>
>> Washington, DC 20004
>>
>> 202-559-8597/Direct
>>
>> 202-559-8750/Fax
>>
>> 202-255-6172/cell
>>
>>
>>
>> Twitter: @VlawDC
>>
>>
>>
>> "Luck is the residue of design" -- Branch Rickey
>>
>>
>>
>> From: Mason Cole [mailto:mason at donuts.co]
>> Sent: Wednesday, November 05, 2014 3:50 PM
>> To: Phil Corwin
>> Cc: gnso-igo-ingo-crp at icann.org
>> Subject: Re: [Gnso-igo-ingo-crp] PLEASE RESPOND ASAP -- Revised Draft of Letter to Council regarding GAC Communique
>> Importance: High
>>
>>
>>
>> Phil --
>>
>>
>>
>> In my capacity as liaison, let me suggest an edit or two in the bullet point in question that might give us better luck in getting some useful information from the GAC:
>>
>>
>>
>> In regard to the issue of potential amendment of the UDRP – It would be instructive to know the GAC’s rationale for opposing any UDRP amendments as a means of providing IGOs with access to curative rights. Further, in opposing such amendments, does the GAC thus advise the GNSO to preclude any possible change to its "Mutual Jurisdiction" provisions to address specific sovereign immunity concerns of IGOs? Finally, if it is the GAC’s position that an entirely new curative rights mechanism must be created, is it the GAC's understanding that the protections afforded to qualifying IGOs under Article 6ter of the Paris Convention would be the criteria for establishing standing under any dispute resolution procedure that may apply to IGOs?
>>
>>
>>
>> On Nov 5, 2014, at 11:56 AM, Phil Corwin wrote:
>>
>>
>>
>> WG members:
>>
>>
>>
>> Please find attached a revised draft letter to the GNSO Council regarding the LA GAC Communique that reflects our discussion earlier today.
>>
>>
>>
>> The only changes are to the second bullet point on page 3.
>>
>>
>>
>> PLEASE LET US KNOW IF THESE CHANGES ARE ACCEPTABLE WITHIN THE NEXT 24 HOURS. WE WANT TO FORARD THIS LETTER TO THE COUNCILL ASAP TO MAXIMIZE THE POSSIBILITY THAT IT WILL BE ADDED TO THE AGENDA FOR ITS MEETING NEXT THURSDAY.
>>
>>
>>
>> Thanks in advance.
>>
>>
>>
>> Best, Philip
>>
>>
>>
>> Philip S. Corwin, Founding Principal
>>
>> Virtualaw LLC
>>
>> 1155 F Street, NW
>>
>> Suite 1050
>>
>> Washington, DC 20004
>>
>> 202-559-8597/Direct
>>
>> 202-559-8750/Fax
>>
>> 202-255-6172/cell
>>
>>
>>
>> Twitter: @VlawDC
>>
>>
>>
>> "Luck is the residue of design" -- Branch Rickey
>>
>>
>>
>> <ICANN-IGO_INGO_CRWG-Letter to GNSO Council-LA_GAC_Advice-draft#2.docx>_______________________________________________
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>>
>> Mason Cole
>>
>> VP Communications & Industry Relations
>>
>> Donuts Inc.
>>
>> ………………………………
>>
>> ……
>>
>> ……
>>
>> mason at donuts.co
>>
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