[Gnso-igo-ingo-crp] With Updated AC Chat: IGO-INGO Curative Rights Protection PDP WG Meeting - Wednesday 2 March 2016 at 17:00 UTC

Thu Mar 3 06:44:43 UTC 2016

Dear all,

Please find attendance email with the updated AC chat. Thank you so much to Paul for pointing this out!

Apologies for the inconvenience,

Kind regards

Nathalie

From: Paul Tattersfield <gpmgroup at gmail.com<mailto:gpmgroup at gmail.com>>
Date: Wednesday, March 2, 2016 at 11:46 PM
To: Nathalie Peregrine <nathalie.peregrine at icann.org<mailto:nathalie.peregrine at icann.org>>
Cc: "gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>" <gnso-igo-ingo-crp at icann.org<mailto:gnso-igo-ingo-crp at icann.org>>
Subject: Re: [Gnso-igo-ingo-crp] IGO-INGO Curative Rights Protection PDP WG Meeting - Wednesday 2 March 2016 at 17:00 UTC

Hi Nathalie,

Just to let you know, the attached chat transcript is from an earlier meeting.

Best regards,

Paul.

On Wed, Mar 2, 2016 at 10:01 PM, Nathalie Peregrine <nathalie.peregrine at icann.org<mailto:nathalie.peregrine at icann.org>> wrote:
Dear All,

Please find the MP3 recording for the IGO-INGO Curative Rights Protection PDP WG Meeting held on Wednesday 2 March 2016 at 17:00 UTC at:http://audio.icann.org/gnso/gnso-crp-pdp-02mar16-en.mp3<http://mailer.samanage.com/wf/click?upn=NrFWbrBstcrPWP369qgbqlXiSKeL20xnUXzI03ZqpssV0cEMX-2FX3adtG-2FybuOxZhFC3Cwn6DSQ-2FRkTxEpp2HKg-3D-3D_QuA5zZR9ZZ7J1F2FeF-2FOsgm1hgIDcBrAX2P7Ezxmql7ckJc4ios1-2BxObAoz2rzLSI3c4QB1NGo7bw7XrBjpRCbz74w4vzk48UxZMFoBBQBQaQ0ePdiOjdJ30sQNHkokOf-2F2p-2FBvMgKvMhzp-2B4u8fP-2BRrSytHe2KCf2HpQmtSbpezMgNTUG57PiORAPesOotpHA-2BC4pSmXJRsVmpbNaLqzj1bh2A7z1-2BBUWgBTjMK4E1eiwCApKoFUfSGWPW8a6zYM3fdu0bhoDaJeDVBgDOcqiYBHijq-2Bu4YgJTgGfL9ncZvXlUk8Brca0VO962WYBXJ9CJ4V6iexd9OSHG0F1BdaUCKOq8Hto0J7bl1Yx5SgdCLahzMyDtP1gE0cEL4dwuXYjYItUjYyTIwHfVvj4-2Fmseyu-2FX-2BafVZZbxKg6dW0hcWVQvgnAw6aF7lEcdUL3eb8uTLqMaNyFTa-2FPjLavyV73cqPXEuI6fRNCI8OJ7rT6Bywvnt-2BnnzGUE43l0PfnQTR>
On page:<http://gnso.icann.org/en/group-activities/calendar#dec>http://gnso.icann.org/en/group-activities/calendar#m<http://gnso.icann.org/en/group-activities/calendar#mar>ar<http://gnso.icann.org/en/group-activities/calendar#mar>
The recordings and transcriptions of the calls are posted on the GNSO Master Calendar page:
http://gnso.icann.org/en/group-activities/calendar<http://gnso.icann.org/en/group-activities/calendar#nov>

Attendees:
David Maher - PIR
George Kirikos - Individual
Jim Bikoff - IPC
Paul Tattersfield - Individual
Petter Rindforth - IPC
Phil Corwin - BC
Jay Chapman - Individual
Paul Keating - NCUC
Rudi Vansnick - NPOC
Reg Levy - RySG

Apologies:
Osvaldo Nova – ISPCP
Mason Cole - RySG
 Mary Wong

ICANN staff:
Steve Chan
Mary Wong
Nathalie Peregrine

** Please let me know if your name has been left off the list **

Mailing list archives:
http://mm.icann.org/pipermail/gnso-igo-ingo-crp/

Wiki page:
https://community.icann.org/x/2YJEAg

Thank you.
Kind regards,
Nathalie Peregrine

-------------------------------
Adobe Connect chat transcript for Wednsday 2 March 2016
 Nathalie Peregrine:Dear all, welcome to the  IGO-INGO Curative Rights Protection PDP WG Meeting on the 2nd March 2016
  Nathalie Peregrine:Rudi Vansick has joined the call
  Rudi Vansnick:sorry  being late
  Nathalie Peregrine:Paul Tattersfield has joined the cal
  Paul Tattersfield:sorry for being late
  Mary Wong:From what we can tell, the substantive analysis is completed.
  Mary Wong:23 pages with footnotes
  Nathalie Peregrine:Kathy Kleiman has joined the call
  Paul Tattersfield:I was a bit concerned with the definitions for different types of immunity for example state immunity and sovereign immunity are not necessarily synonymous in some jurisdictions. I think perhaps it would be helpful if these could be more closely defined
  Rudi Vansnick:question : does sovereignity imply by default immunity in these cases ?
  Jay Chapman:agree with Paul & George's re - recommendations/alternatives are beyond the Professor's mandate
  George Kirikos:As noted in email yesterday, the IGOs could also waive their immunity IMPLICITLY (not just relying on EXPLICIT WAIVER).
  George Kirikos:World Bank had some language (that I emailed yesterday) about beefing up the explicit waiver language.
  George Kirikos:The waiver happens at the UDRP provider, when the IGO initiates the dispute.
  Rudi Vansnick:very interesting discussion as I'm not a lawyer I'm learning a lot here ;-)
  Rudi Vansnick:what if national law is conflicting towards the immunity ?
  George Kirikos:As a counter-example to his #2, another option (one which is less intrusive) is to allow the IGO to have the dispute brought by an agent, one who waives immunity (e.g. the Solicitor General in the country of the domain name registrant). That's an option I've mentioned before, which balances the registrant's rights.
  George Kirikos:So, when he says "The final memo will include a draft provision along these lines" (near the very end), can we hold a vote now to kill that?
  George Kirikos:Or, advise him?
  George Kirikos:What time is the meeting next week, Eastern Time?
  Mary Wong:@Phil, yes. We will also inform the GAC and IGO reps of the session.
  Paul Keating:I would prefer that the synopsis be edited to remove the references to the alternative arbitration suggestion
  George Kirikos:5 hours time difference.
  Paul Tattersfield:utc isn'y it?
  George Kirikos:Here's a reminder of what the Professor was asked (the 4 questions):http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000464.html
  George Kirikos:He should just stay in scope, instead of going beyond that.
  Paul Tattersfield:Agree Jim very important
  George Kirikos:Swaine isn't a policy setter -- we just want the facts on existing law.
  Jay Chapman:Agree. Request that point 2 (and the paragraph following) be removed from the synopsis
  George Kirikos:The existence of #2 would have an "anchoring" effect, which would prejudice our own discussions.
  Paul Tattersfield:+1 George
  George Kirikos:I would just refer him back to the 4 specific questions he was asked.
  Rudi Vansnick:i agree with Petter
  Rudi Vansnick:if we remove 2 people could think it was not taken in consideration
  Paul Tattersfield:If you keep first paragraph of 2 then  “There are” should be replaced with “Any”
  Petter Rindforth:Rudi: yes I that's a risk
  Petter Rindforth:Taka away the numbers is likely to most esy way to solve this right now
  Petter Rindforth:I'll be there from Saturday afternoon (late)
  George Kirikos:I had my hand up too.
  Petter Rindforth:Ok with me
  George Kirikos:Click "Agree"
  Mary Wong:OK got it - we will communicate as such (remove second paragraph from Section 2) to Prof. Swaine by this weekend.
  Paul Tattersfield:agree
  Mary Wong:For purposes of discussion at our session next week.
  George Kirikos:Sorry, change my vote to delete the entire thing.
  George Kirikos:Yes, Phil.
  Kathy Kleiman:I support David
  Rudi Vansnick:i prefer keeping 2 in
  Mary Wong:OK - sorry for jumping the gun.
  Rudi Vansnick:keep first paragraph of 2
  George Kirikos:I would delete it all.
  Paul Tattersfield:is it too late to reword the 1st paragraph of  2?
  Paul Keating:Sorry but I must leave for another call.  I am fine with either deleting all of 2 or keeping only the 1st paragraph of #2.  I leave it to you but I dont thiink there is a sufficient consensus to deltete the entire #2
  Mary Wong:@Paul T - since we are talking about what to use for our meeting next week, I'm afraid so.
  George Kirikos:Is there any chance of moving the time of the meeting to noon (local time), which would make it 7 am Eastern time? (makes it accessible to more of us on the East Coast of the USA)
  George Kirikos:Otherwise, 9 am Marrakech time = 4 am Eastern time
  Mary Wong:@George, we are told the schedule is locked so it may be very difficult.
  George Kirikos:Oh, ok, Mary. Will need to pull an all-nighter. :)
  Rudi Vansnick:are there know samples ?
  Mary Wong:Sorry, George - will let you know if anything changes.
  George Kirikos:Here are the 4 questions: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000464.html
  George Kirikos:(have to scroll down, to see them)
  George Kirikos:He might want to reformat it, then, to make our job easier?
  Rudi Vansnick:it is
  Nathalie Peregrine:Corretc WET is UTC
  George Kirikos:Bye everyone. Have a great day!
  Paul Tattersfield:If the meetings were on Monday’s it would give more time in these circumstances
  Rudi Vansnick:bye till soon in Marrakech
  Kathy Kleiman:Safe travels, All!
  Paul Tattersfield:Bye
  Jay Chapman: goodbye

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