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

[Michael Flemming]

 Hi Kristina,

Thank you very much for bringing this to my attention. I apologize that we
were unable to capture this fully up until now.
Per your request, I have gone back and reviewed the previous calls in
regards to this topic and added a few clarifications
to the recommendations and deliberations that I hope capture the content
clearly. Also, with the help of other co-chairs and staff
that have been on the ball, questions have been added with the intent to
solicit more input from the community in public comment.
I hope with these additions that we have captured all interests
respectively as they have been communicated and portrayed in
previous calls and over this exchange.

As Jeff mentioned on a previous call, the initial report edits should be
coming out soon.
I look forward to your review of these edits as soon as possible.
If any other matters need to be addressed, I would be very happy to give
that my full attention.

Again, thank you and everyone else who echoed support for these
clarifications.

Kind regards,

Michael Flemming


On Wed, Jun 20, 2018 at 1:33 AM Mike Rodenbaugh <mike at rodenbaugh.com> wrote:

> 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
>
>
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
>
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
>
> _______________________________________________
> Gnso-newgtld-wg mailing list
> Gnso-newgtld-wg at icann.org
> https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/gnso-newgtld-wg/attachments/20180620/82989487/attachment.html>