[Gnso-newgtld-wg] Fwd: Fwd: Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue

[Mike Rodenbaugh]

I agree with Kristina and Jon.

Thanks,
Mike

Mike Rodenbaugh
RODENBAUGH LAW
tel/fax:  +1.415.738.8087
http://rodenbaugh.com

---------- Forwarded message ----------
From: Jon Nevett <jon at donuts.email>
Date: Tue, Jun 19, 2018 at 8:52 AM
Subject: [Gnso-newgtld-wg] Fwd: Section 1.5.5.c &f - Terms & Conditions -
Covenant Not to Sue
To: "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg at icann.org>


I recall and support Kristina's intervention as well. Thx.

Jon

Begin forwarded message:

*From:* "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg at icann.org>
*Date:* June 19, 2018 at 8:43:56 AM PDT
*To:* "gnso-newgtld-wg at icann.org" <gnso-newgtld-wg at icann.org>
*Subject:* *[Gnso-newgtld-wg] Section 1.5.5.c &f - Terms & Conditions -
Covenant Not to Sue*
*Reply-To:* "Rosette, Kristina" <rosettek at amazon.com>

All,



I’m writing to request changes in Section 1.5.5.c, e and f of the report so
that it is consistent with and reflects WT(2) discussions. (Section
accessible at https://community.icann.org/display/NGSPP/f.+Report+
Drafting?preview=/69272887/84218145/Section%201.5%
20Application%20Submission_28Apr2018.docx)



During the 18 January 2018 WT call discussing this issue, I opposed the
covenant not to sue – regardless of any appeal mechanism. Based on
statements by the WG Co-Chairs (one verbally and one in chat), I understood
that the report would reflect that opposition. I also understood based on
statements in chat that we would seek public comment on the covenant not to
sue – independent of any appeals mechanism – in the Initial Report.
Moreover, the discussion was clear that, for even those WT members who
supported an appeals mechanism, that support is dependent on the efficacy
of the appeals mechanism.  The current draft of the report doesn’t reflect
either of these points (c and f), and doesn’t seek public comment on either
of them, either (e).  I believe these inadvertent omissions need to be
corrected.



I apologize for the timing of this request, but didn’t realize until
yesterday’s meeting that the text I was looking for was in Section 1.5 (and
not Section 1.8)



Kristina



Kristina Rosette

Senior Corporate Counsel, IP – Domains

rosettek at amazon.com | 703.407.1354



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