Re: [CCWG-ACCT] [ccTLDcommunity] ICANN Statement Regarding IANA Intellectual Property Rights
Gabi, thank you for posting this. All, I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here. In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this. Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call. Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday http://www.ntia.doc.gov/blog/2015/update-iana-transition greetings, el On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG <http://iana.org/> domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG <http://iana.org/> domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See https://www.icann.org/news/announcement-2015-08-15-en
Kind regards,
Gabi
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Dr. Lisse, I believe the intellectual property at the heart of this discussion consists of exactly four pieces, three versions of the IANA trademark and the iana.org domain name. The information in the root zone database and in the associated contacts database is definitely not owned by IANA or ICANN. Steve On Aug 18, 2015, at 6:11 AM, Dr Eberhard Lisse <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday http://www.ntia.doc.gov/blog/2015/update-iana-transition
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG <http://iana.org/> domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG <http://iana.org/> domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See https://www.icann.org/news/announcement-2015-08-15-en
Kind regards,
Gabi
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-- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el@lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/ _______________________________________________ Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so. J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_ 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
Kind regards,
Gabi
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Becky, Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they’re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation. Steve On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz
On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_ 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
Kind regards,
Gabi
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Ah. Presumably this was originally registered by Jon/ISI. J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz On 8/18/15, 9:20 AM, "Steve Crocker" <steve@shinkuro.com> wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they¹re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz
On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blo g_
2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJ FO
ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3 -n jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg &c
=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m =x
EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fP bl EqzcJUU3MkUOa58&e= > domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg &c
=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m =x
EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fP bl EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See
https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news _a
nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=6 2c
JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpE aB O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
Kind regards,
Gabi
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On Aug 18, 2015, at 12:22 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
Ah. Presumably this was originally registered by Jon/ISI.
Yes, I think so.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz
On 8/18/15, 9:20 AM, "Steve Crocker" <steve@shinkuro.com> wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they¹re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz
On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday
https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blo g_
2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJ FO
ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3 -n jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg &c
=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m =x
EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fP bl EqzcJUU3MkUOa58&e= > domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg &c
=MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m =x
EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fP bl EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See
https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news _a
nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=6 2c
JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpE aB O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
Kind regards,
Gabi
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Becky, Steve, thanks for the input. Unfortunately belief is not at issue here, neither are the trademarks. They are uncontroversial in our context, though it is important to know who the actual owner of the marks is, in order to be able to give them away :-)-O. It must be made quite clear exactly what items of Intellectual Property Rights we are talking about/will be transferred, so a numbered list will be helpful. el On 2015-08-18 17:24, Steve Crocker wrote:
On Aug 18, 2015, at 12:22 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
Ah. Presumably this was originally registered by Jon/ISI.
Yes, I think so.
J. Beckwith Burr
[...]
On 8/18/15, 9:20 AM, "Steve Crocker" <steve@shinkuro.com> wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they¹re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr [...] -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el@lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/
Here are the facts, based on public records. I believe that Sidley has confirmed these with ICANN counsel as well. ICANN currently owns three trademarks associated with IANA: IANA, INTERNET ASSIGNED NUMBERS AUTHORITY and the IANA logo. ICANN owns three United States trademark registrations, one for each of these trademarks. ICANN was the original applicant for these three registrations. These three registrations are detailed in the attached document. The University of Southern California assigned the three trademarks to ICANN, along with earlier registrations for two of the three trademarks (the logo was not covered by a registration or application at that time). After ICANN procured new registrations for the two word marks, and a registration for the logo, the two registrations acquired from USC were allowed to lapse (likely because the new registrations are broader and more protective than the original USC registrations). This is also detailed in the attached document. The USC-ICANN assignment is also attached. (Note that, under US trademark law, trademark rights arise from use rather than registration. A trademark registration confirms and strengthens the owner's trademark rights, but does not create the trademark right. That is why I have referred to the "trademarks" and the "trademark registrations" separately.) ICANN also owns three domain names associated with IANA: iana.org, iana.com and iana.net. All three domain names seem to lead to the same content. I hope this helps. Greg Shatan On Tue, Aug 18, 2015 at 12:41 PM, Dr Eberhard Lisse <el@lisse.na> wrote:
Becky, Steve,
thanks for the input.
Unfortunately belief is not at issue here, neither are the trademarks.
They are uncontroversial in our context, though it is important to know who the actual owner of the marks is, in order to be able to give them away :-)-O.
It must be made quite clear exactly what items of Intellectual Property Rights we are talking about/will be transferred, so a numbered list will be helpful.
el
On 2015-08-18 17:24, Steve Crocker wrote:
On Aug 18, 2015, at 12:22 PM, Burr, Becky <Becky.Burr@neustar.biz>
wrote:
Ah. Presumably this was originally registered by Jon/ISI.
Yes, I think so.
J. Beckwith Burr
[...]
On 8/18/15, 9:20 AM, "Steve Crocker" <steve@shinkuro.com> wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they¹re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr [...] -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el@lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
Greg, Thanks. I stand corrected re the domain names. iana.com and iana.net are obviously protective covering for iana.org and hence included in whatever arrangements will be made regarding iana.org. Steve On Aug 18, 2015, at 1:07 PM, Greg Shatan <gregshatanipc@gmail.com> wrote:
Here are the facts, based on public records. I believe that Sidley has confirmed these with ICANN counsel as well.
ICANN currently owns three trademarks associated with IANA: IANA, INTERNET ASSIGNED NUMBERS AUTHORITY and the IANA logo. ICANN owns three United States trademark registrations, one for each of these trademarks. ICANN was the original applicant for these three registrations. These three registrations are detailed in the attached document.
The University of Southern California assigned the three trademarks to ICANN, along with earlier registrations for two of the three trademarks (the logo was not covered by a registration or application at that time). After ICANN procured new registrations for the two word marks, and a registration for the logo, the two registrations acquired from USC were allowed to lapse (likely because the new registrations are broader and more protective than the original USC registrations). This is also detailed in the attached document. The USC-ICANN assignment is also attached.
(Note that, under US trademark law, trademark rights arise from use rather than registration. A trademark registration confirms and strengthens the owner's trademark rights, but does not create the trademark right. That is why I have referred to the "trademarks" and the "trademark registrations" separately.)
ICANN also owns three domain names associated with IANA: iana.org, iana.com and iana.net. All three domain names seem to lead to the same content.
I hope this helps.
Greg Shatan
On Tue, Aug 18, 2015 at 12:41 PM, Dr Eberhard Lisse <el@lisse.na> wrote: Becky, Steve,
thanks for the input.
Unfortunately belief is not at issue here, neither are the trademarks.
They are uncontroversial in our context, though it is important to know who the actual owner of the marks is, in order to be able to give them away :-)-O.
It must be made quite clear exactly what items of Intellectual Property Rights we are talking about/will be transferred, so a numbered list will be helpful.
el
On 2015-08-18 17:24, Steve Crocker wrote:
On Aug 18, 2015, at 12:22 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
Ah. Presumably this was originally registered by Jon/ISI.
Yes, I think so.
J. Beckwith Burr
[...]
On 8/18/15, 9:20 AM, "Steve Crocker" <steve@shinkuro.com> wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they¹re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr [...] -- Dr. Eberhard W. Lisse \ / Obstetrician & Gynaecologist (Saar) el@lisse.NA / * | Telephone: +264 81 124 6733 (cell) PO Box 8421 \ / Bachbrecht, Namibia ;____/
Accountability-Cross-Community mailing list Accountability-Cross-Community@icann.org https://mm.icann.org/mailman/listinfo/accountability-cross-community
<IANA Trademark and Domain Name Information.docx><assignment-tm-2283-0068.pdf>
That's my recollection too. In fact WWW.IANA.ORG was once a CNAME for WWW.ISI.EDU and you had to go to WWW.IANA.ORG/IANA, or something similar to see the (black background!) IANA pages. where, for a time, it stated that 'IANA is chartered by the Internet Society' (this was around 1997). On 18/08/15 17:22, Burr, Becky wrote:
Ah. Presumably this was originally registered by Jon/ISI.
Steve You are right and for that reason ICANN must not have the IP rights to the IANA.ORG domain name, or indeed unfettered control (as this discussion implies. Insteadm it must have a licence allowing it to be used day-to-day *BY* ICANN, as long as it is the IANA contractor. It must have de-facto day-to-day operational control. But that's it. Therefore the Registrant of IANA.ORG needs to become a trusted third party that holds the registration ON TRUST (in the legal sense) for the beneficial owner (call that RightsCo if you like), who provides an unlimited-use license to ICANN (or any other company that might get the IANA contract in the future) under the terms of its carrying out the IANA function. On 18/08/15 17:20, Steve Crocker wrote:
Becky,
Not quite right. I believe there are three trademarks, but far more important than the trademarks is the control of the iana.org domain name. Despite the thousands of words of email devoted to the trademarks, in the case of IANA they’re of only modest, at best, practical importance. The domain name, however, is a key piece of the operation.
Steve
On Aug 18, 2015, at 12:15 PM, Burr, Becky <Becky.Burr@neustar.biz> wrote:
I think that the IP rights in question are limited to the IANA trademark, which the USG transferred to ICANN in 1999 or so.
J. Beckwith Burr Neustar, Inc. / Deputy General Counsel and Chief Privacy Officer 1775 Pennsylvania Avenue NW, Washington, DC 20006 Office: + 1.202.533.2932 Mobile: +1.202.352.6367 / becky.burr@neustar.biz / www.neustar.biz
On 8/18/15, 3:11 AM, "Dr Eberhard Lisse" <el@lisse.NA> wrote:
Gabi,
thank you for posting this.
All,
I want to place on record, that this needs SIGNIFICANT thought, and considerably more detail than what is provided here.
In particular what actual Intellectual Property Rights do they mean, EXACTLY? And I would like to see them in a numbered list :-)-O
Most certainly will the root zone (database) on which the NSF is performed, and the contacts database (DEF) NOT fall under this.
Without having thought this through to the end, however, I think this is a WS1 item for the CCWG Accountability, and needs to be dsicussed on tonight's call.
Fortunately, we have time, the transition has been postponed to 2016-09-30 last Friday https://urldefense.proofpoint.com/v2/url?u=http-3A__www.ntia.doc.gov_blog_ 2015_update-2Diana-2Dtransition&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62cJFO ifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaBO3-n jFirHo3sc&s=anSaVt_Y73vPTokKGDZODQOgEpcSMCQYfov_F17TFqo&e=
greetings, el
On 2015-08-18 09:16, Gabriella Schittek wrote:
Dear all,
ICANN has released a statement regarding the IANA Intellectual Property Rights:
=== ICANN Statement Regarding IANA Intellectual Property Rights (IPR)15 August 2015 ICANN supports the IANA Stewardship Transition Group (ICG) proposal and the underlying proposals from the Community Working Group (CWG), the Consolidated RIR IANA Stewardship Proposal (CRISP) team and the Planning for the IANA/NTIA Transition (IANAPLAN) working group. The ICANN Board is focused on how to implement the Intellectual Property Rights (IPR) component of the proposal. The Board believes that for stability and pragmatic operational reasons, the IANA Functions Operator must have operational control over the IANA.ORG <https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain. During the transition, ICANN is prepared to transfer full ownership of the IANA-related trademarks to a neutral third party mutually agreed among the operational communities with the understanding that ICANN, as the current IANA Functions Operator, will be granted license to those trademarks and ICANN will maintain operational control of the IANA.ORG
<https://urldefense.proofpoint.com/v2/url?u=http-3A__iana.org_&d=AwICAg&c =MOptNlVtIETeDALC_lULrw&r=62cJFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=x EvMoIyL67gEqHJRspVNVH_5RfpEaBO3-njFirHo3sc&s=4i-xg4Yjhd2u-vOhYZeKXLv1fPbl EqzcJUU3MkUOa58&e= > domain for as long as ICANN remains the IANA Functions Operator. If the transfer during the transition affects the timeline, we advise delay until after the transition. In that event ICANN is ready to hold the IPR as interim measure but commits to transfer it within 120 days after the neutral third party is identified by the operational communities. We believe this is neutral and in the public interest. We look forward to hearing from anyone in the community.
===
See https://urldefense.proofpoint.com/v2/url?u=https-3A__www.icann.org_news_a nnouncement-2D2015-2D08-2D15-2Den&d=AwICAg&c=MOptNlVtIETeDALC_lULrw&r=62c JFOifzm6X_GRlaq8Mo8TjDmrxdYahOP8WDDkMr4k&m=xEvMoIyL67gEqHJRspVNVH_5RfpEaB O3-njFirHo3sc&s=kkb9yxPPFQICrdDt6_by0xp5V6I-9OPO6Ap5eKlTttQ&e=
Kind regards,
Gabi
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participants (5)
-
Burr, Becky -
Dr Eberhard Lisse -
Greg Shatan -
Nigel Roberts -
Steve Crocker