[IOT] Translations and New SOI form

Tue Apr 28 06:41:12 UTC 2020

Thanks Kurt

Apologies if it came across that the Claimant must “prove” fairness and
equity. I am not looking for an adversarial process here. I am not looking
for a standard of proof or an opportunity for ICANN to “disprove”.

Quite happy to substitute a reasonableness standard.

If the panel does not receive any explanation - I am not sure how they can
make a decision?

However, if there is no need to provide any reason or justification for
asking ICANN to pay for the translation - we may as well just indicate that
anyone who asks for it, gets a translation at ICANN’s expense.

I am fine if that is the consensus - but that is not how I understood the
general position.

Regards

Mike

On Tue, 28 Apr 2020 at 01:42, Kurt Pritz <kurt at kjpritz.com> wrote:

> Hi Susan:
>
> Thank you for doing this work.
>
> I have made some suggestions in the document. To make them easy to find, I
> accepted your changes.
>
> I like Mike’s idea that ICANN can just decide to go ahead with
> translation. We might have to add that the panel would not be prejudiced by
> an initial ICANN determination to not provide translation services. I don’t
> agree with Mike’s suggestion that the claimant prove “fairness and
> equitableness” as that is too subjective a standard, I am fine with Oxford
> commas but wish to avoid dangling prepositions at any cost.
>
> We don’t want to make this too long but there are also standards to which
> each side should adhere in furnished documents that are to be translated.
> (As an example, I selected elements from a California standard.)
>
> "Before a document is sent out for translation, the original version must
> itself be of high quality. This means the document must be:
>
>
>    - Written in plain language, with no or minimal (if necessary) use of
>       legalese, in the active voice, with simple sentences, short paragraphs,
>       no jargon, no abbreviations, and no use of acronyms.
>       - Checked for the use of consistent terminology within the document
>       and consistency with other documents in the same or related case types.
>       - Culturally competent, avoiding idiomatic expressions or
>       colloquialisms (expressions that do not have the same meaning in other
>       languages and cultures). If certain text is unavoidable, then special
>       consideration should be given to finding the best possible translation"
>
> Thank you again and I echo your hope for everyone’s wellness.
>
> Kurt
>
>
>
> On Apr 27, 2020, at 7:32 AM, Susan Payne <susan.payne at valideus.com> wrote:
>
> Hi all
>
> I hope you are all keeping well and coping in these unusual times.  I am
> looking forward to our meeting tomorrow.
>
> On Translations, in an effort to move this forward, I am circulating
> proposed new text for section 5B, as a redline on the existing Interim
> Rules text.  Although the mark-up looks extensive, as you review you will
> see that much of the deleted text (or the concepts) from the final few
> paragraphs has been captured earlier in the document.  I have tried to
> balance keeping this as simple as possible with the views of a number of
> the group that we should give the panel some steer as to considerations to
> take into account when exercising their discretion.  I have also tried to
> capture the points where we seemed to be in agreement, and otherwise to
> propose what might be a realistic compromise based on the discussions that
> we have had to date, for example on the languages covered.  Looking forward
> to your thoughts, either in advance or during our call tomorrow.
>
> I am also attaching the new form of SOI for IRP-IOT members.  This is
> based on the GNSO SOI since that document is familiar to most of this
> group, but we have tried to tailor it to better capture relevant
> disclosures for the purposes of this work.  We have this as an agenda item
> for tomorrow’s call, following which I hope we can all complete and submit
> our new SOIs over the next week.
>
> Best wishes
>
> *Susan Payne*
> Head of Legal Policy
>
>
> *Valideus *28-30 Little Russell Street
> London WC1A 2HN
> United Kingdom
>
> M: +44 (0) 7971 661175
> E: *susan.payne at valideus.com <susan.payne at valideus.com>*
>
> *www.valideus.com <http://www.valideus.com/>*
> <image001.jpg>
>
>
>
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