Um, the letter is quite clever in the use of the FUD technique; it appropriates Fadi's words and writings to a) show his agreement with their positions or b) suggests confusion on the implications of his words with their positions. All things to all people. Should be a doozy, the discussion. On one hand, it is adamant that TMCH should cover only existing rights and not extended for non-justiciable rights. So that is settled he goes; hold the current line on 'local' marks etc., regardless of implications for new GTLDs. However,the letter also seems to be conceding that there are trade mark rights 'beyond law' - the only rational meaning I can think of here is 'the body of law to which they generally subscribe' - some of which are now excluded in the TMCH concept. I would, for example, put said 'local' marks in this category. So now, he seems to be messaging, never mind the left-handed approach, the GNSO may be open to consider RPMs for these in another PDP. And then it seems to be shaking the finger at the ICANN Board for not only its apparent embrace of 'additional rights' before they are told to but for setting expectations that RPMs will be in place to address them in time for launch of new GTLDs! Almost in the same breath, it also refers to [U.S.] DoC letter urging considerations for additional rights protection "across all TLDs". Hmm, wonder what he was thinking here? Who's tail is wagging the ICANN dog? In any event, this fella has some very useful skills for this arena. I'm impressed. -Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= On Wed, Dec 19, 2012 at 7:00 PM, Alan Greenberg <alan.greenberg@mcgill.ca>wrote:
Of some interest to the ALAC, here is a draft letter to the CEO in response to his asking for GNSO guidance on the strawman proposal.
Note that this is a letter drafted by one Councillor and has not been ratified by the Council. If it is actually sent, it could well be substantially modified.
The GNSO Council meeting overlaps with the ALAC meeting tomorrow, and I will be joining the ALAC call half-way through. I will report at that time how this played out.
Alan
From: Mason Cole <mcole@5x5com.com>
Subject: [council] Draft reply to Fadi Date: Fri, 14 Dec 2012 11:11:47 -0800 To: "council@gnso.icann.org List" <council@gnso.icann.org>
Council colleagues --
I have taken the liberty of drafting a reply to Fadi's request for Council advice on the BC/IPC request for more RPMs. Jonathan and I have spoken about a process from here and I am happy to keep the pen for possible suggestions and edits. Speaking for myself, though I realize the holidays are fast approaching I would hope we can get a communication to Fadi expeditiously.
Many thanks --
Mason
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