[Gnso-newgtld-wg] Closed Generics / Creation of Sub-group

Martin Pablo Silva Valent mpsilvavalent at gmail.com
Thu Aug 22 15:01:45 UTC 2019


Please add me as well to the closed generic discussion list.

Best,

Martin Silva Valent

mpsilvavalent at gmail.com

Partner | Silva.legal
martin at silva.legal

Director | Dat.as
martin.silva at dat.as

Skype ID: mpsilvavalent
Tel: +5491164993943
Libertador 5990, Off. 406
Buenos Aires, Argentina.

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> On 22 Aug 2019, at 12:00, Martin Pablo Silva Valent <mpsilvavalent at gmail.com> wrote:
> 
> Hi all,
> 	I would like to strongly disagree with the view on the default issue, it is very clear that the default is not allowing them. The temporality goes towards an eventual policy that may contradict the board, in that case, the board recognizes our policy allowing them would win over their decision not to, if that policy explicitly allowing them in x and y terms cannot be created because there is no consensus for that, then the ban on generics remains. So no new consensus policy allowing them means not allowing them.
> 
> Best,
> 
> Martin Silva Valent
> 
> mpsilvavalent at gmail.com <mailto:mpsilvavalent at gmail.com>
> 
> Partner | Silva.legal
> martin at silva.legal <mailto:martin at silva.legal>
> 
> Director | Dat.as
> martin.silva at dat.as <mailto:martin.silva at dat.as>
> 
> Skype ID: mpsilvavalent
> Tel: +5491164993943
> Libertador 5990, Off. 406
> Buenos Aires, Argentina.
> 
> Este email, incluyendo adjuntos, podría contener información  confidencial protegida por ley y es para uso exclusivo de su destinatario. Si  Ud. no es el destinatario, se le advierte que cualquier uso, difusión, copia o  retención de este email o su contenido está estrictamente prohibido.  Si Ud.  recibió este email por error, por favor avise inmediatamente al remitente por  teléfono o email y borre el mismo de su computadora. / This  e-mail, including any attachments, may contain information that is protected by  law as privileged and confidential, and is transmitted for the sole use of the  intended recipient. If you are not the intended recipient, you are hereby  notified that any use, dissemination, copying or retention of this e-mail or the  information contained herein is strictly prohibited. If you have received this  e-mail in error, please immediately notify the sender by telephone or reply  e-mail, and permanently delete this e-mail from your computer system. 
> 
>> On 22 Aug 2019, at 11:40, Jeff Neuman <jeff.neuman at comlaude.com <mailto:jeff.neuman at comlaude.com>> wrote:
>> 
>> All,
>>  
>> Thanks for the great discussion on Closed Generics earlier today/yesterday.  For those that were not able to be on the call, I highly recommend listening to the recording which can be found on the agenda wiki page <https://community.icann.org/x/VqujBg>.  The latest version of the Summary Document is here <https://docs.google.com/document/d/1Q6_DxsCvSA_3B7ArncO2U4tWNY3vH7Wi4nINrouR4AI/edit#heading=h.j7jy935ryg4k> (specifically Section 2.7.3 – currently pages 14-20).
>>  
>> One of the action items from the call with to create a small sub-group to discuss this issue further to see if it is possible to get a “compromise position” of the Working Group on one of the options that were presented (or any hybrid or new option).  We are seeking volunteers to serve on this small group.  Please let us know if you would like to sign up for this group.
>>  
>> One word of caution:  This group is not being set up to rehash the arguments for and against Closed Generics.  We have spent more than enough time on that issue and the Summary Documents, combines with the Initial Report and Public Comment Analysis referenced in the Summary Document we believe have effectively captured all of that.  What we are looking for is whether there is any solution that can address/mitigate the alleged harms expressed by those that oppose Closed Generics.  We are trying to assess whether there is an appetite in the group to compromise.  
>>  
>> If, after several weeks, we (the Leadership) do not believe there is such an appetite, then we will close the small group down.  The last thing we want to do is waste a lot of time discussing an issue that no side is willing to give anymore on.  Although you should be familiar with the Summary Document, please do not make any changes to that document at this time (other than glaring errors).  The focus should be on finding a compromise (if there is one to be reached).
>>  
>> To reiterate, this is a unique situation we have with this issue, because there technically may not be a default position to fall back on.  Although it is true that the Board decided to temporarily not allow Closed Generics in 2012 <https://www.icann.org/resources/board-material/resolutions-new-gtld-2015-06-21-en>, the ICANN Board expressly asked the GNSO to create policy on this matter.  The Board, in deciding not to temporarily allow closed generics did not expressly endorse any argument for or against closed generics, but rather made it clear that this was an issue for the communti.
>> 
>> Therefore, if we cannot agree on a solution, it is not clear what the ICANN Board would ultimately conclude was the default position.  It could be the default was not allowing them or, alternatively, the default could be allowing them because the AGB did not indicate a position on this one way or another.
>>  
>> Please let us know ASAP if you would like to join this discussion.  We will endeavor to get this list up by early next week and try to start discussing the issues right away.
>>  
>> Best regards,
>>  
>> Jeff Neuman
>> Senior Vice President 
>>  
>> Com Laude | Valideus
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>> 
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>>  
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