Rights versus benefits
Hello all, One of the things that I noticed in the last Registrar Accreditation Agreement -- snuck in at the last moment, so I didn't notice it before it was presented at Durban -- was the replacement of the term "Registrant Rights and Responsibilities" with "Registrant Benefits and Responsibilities" in some but not all cases. Indeed, it looked like a very sloppy search-and-replace effort because the word "rights" was removed in some places but not others in what appears as random fashion. Given that the ALAC did not have an opportunity to discuss this during the Durban meeting, I raised it in an individual capacity during the Durban Public Forum (see page 97 of the Forum transcript<http://durban47.icann.org/meetings/durban2013/transcript-public-forum-18jul1...> ). When asked, Fadi spent what seemed quite a long time (not reflected in the transcript) conferring silently with his staff (including legal staff), after which he promised to "look into it". I would like to ask Olivier and/or At-Large staff to please follow up on this. I think that the community is owed an explanation of how the term "registrant benefits and responsibilities" ever crept into ICANN lingo; I don't ever recall it ever being used in a policy context. Thank you, -- Evan Leibovitch Toronto Canada Em: evan at telly dot org Sk: evanleibovitch Tw: el56
....Um, we noticed that and remarked on it. Recall your mentioning the introduction of the term 'licensee' in the room and linking it to the piece of the business to be run by Akram? It wasn't a full discussion but the matter was framed. To my mind these ideas/things/instances - change in the language of the RAA, the talk about 'licensees' and Akram's operations - all converge. ICANN has finally fully and publicly embraced the proprietorship model of character sets, known and unknown, that it has initiated with bootstrapping of the DNS. -Carlton ============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* ============================= On Tue, Aug 13, 2013 at 2:37 PM, Evan Leibovitch <evan@telly.org> wrote:
Hello all,
One of the things that I noticed in the last Registrar Accreditation Agreement -- snuck in at the last moment, so I didn't notice it before it was presented at Durban -- was the replacement of the term "Registrant Rights and Responsibilities" with "Registrant Benefits and Responsibilities" in some but not all cases. Indeed, it looked like a very sloppy search-and-replace effort because the word "rights" was removed in some places but not others in what appears as random fashion.
Given that the ALAC did not have an opportunity to discuss this during the Durban meeting, I raised it in an individual capacity during the Durban Public Forum (see page 97 of the Forum transcript< http://durban47.icann.org/meetings/durban2013/transcript-public-forum-18jul1...
).
When asked, Fadi spent what seemed quite a long time (not reflected in the transcript) conferring silently with his staff (including legal staff), after which he promised to "look into it".
I would like to ask Olivier and/or At-Large staff to please follow up on this. I think that the community is owed an explanation of how the term "registrant benefits and responsibilities" ever crept into ICANN lingo; I don't ever recall it ever being used in a policy context.
Thank you,
-- Evan Leibovitch Toronto Canada
Em: evan at telly dot org Sk: evanleibovitch Tw: el56 _______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/alac
At-Large Online: http://www.atlarge.icann.org ALAC Working Wiki: https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALA...)
*Interesting point brought up by Evan, and the ensuing discussion (Holly, Carlton). Two points: * *1) Does this new terminology signal a growing dichotomy between the declared internationalisation of ICANN and a conservative comeback? What I mean is this: * *- the CEO has made statements about the need for enhancing the international dimension of ICANN, and has changed the role of ICANN offices outside the USA (Istanbul, Singapore); * *- these changes, which have a powerful symbolic value, do not tally with a longer-term trend which is apparent in the opposite direction. By intent or not, the Board now contains such a proportion of conflicts of interest that a new seating arrangement has been devised for the public meetings of the ICANN Board. Also, the commercial sector has lost any shyness it may have had in proposing or defending policy which puts their considerations in the fore. * *- Question: is the change from "rights" to "benefits" an indication of this wider mutation? * *2) From the Internet user point of view (and therefore within the pale of ALAC), 2 interesting questions now arise: * *- in California law, what are the precise implications of "benefits"? One can look at it from the standpoint of a trademark lawyer who is keen to harmonize Internet legislation, still very much in the making, with US trademark law, see http://www.registeringatrademark.com/trademark-registration-benefits.shtml * *- Will the continued alignment of Internet practices on US Trademark legislation amplify the already skewed balance between global users (most of whom are outside the USA) and the domain name business (the majority of which is and will for some time remain in the USA)? * *Regards, * *Jean-Jacques. * * * 2013/8/14 Carlton Samuels <carlton.samuels@gmail.com>
....Um, we noticed that and remarked on it. Recall your mentioning the introduction of the term 'licensee' in the room and linking it to the piece of the business to be run by Akram? It wasn't a full discussion but the matter was framed.
To my mind these ideas/things/instances - change in the language of the RAA, the talk about 'licensees' and Akram's operations - all converge. ICANN has finally fully and publicly embraced the proprietorship model of character sets, known and unknown, that it has initiated with bootstrapping of the DNS.
-Carlton
============================== Carlton A Samuels Mobile: 876-818-1799 *Strategy, Planning, Governance, Assessment & Turnaround* =============================
On Tue, Aug 13, 2013 at 2:37 PM, Evan Leibovitch <evan@telly.org> wrote:
Hello all,
One of the things that I noticed in the last Registrar Accreditation Agreement -- snuck in at the last moment, so I didn't notice it before it was presented at Durban -- was the replacement of the term "Registrant Rights and Responsibilities" with "Registrant Benefits and Responsibilities" in some but not all cases. Indeed, it looked like a very sloppy search-and-replace effort because the word "rights" was removed in some places but not others in what appears as random fashion.
Given that the ALAC did not have an opportunity to discuss this during the Durban meeting, I raised it in an individual capacity during the Durban Public Forum (see page 97 of the Forum transcript<
http://durban47.icann.org/meetings/durban2013/transcript-public-forum-18jul1...
).
When asked, Fadi spent what seemed quite a long time (not reflected in the transcript) conferring silently with his staff (including legal staff), after which he promised to "look into it".
I would like to ask Olivier and/or At-Large staff to please follow up on this. I think that the community is owed an explanation of how the term "registrant benefits and responsibilities" ever crept into ICANN lingo; I don't ever recall it ever being used in a policy context.
Thank you,
-- Evan Leibovitch Toronto Canada
Em: evan at telly dot org Sk: evanleibovitch Tw: el56 _______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/alac
At-Large Online: http://www.atlarge.icann.org ALAC Working Wiki:
https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALA...)
_______________________________________________ ALAC mailing list ALAC@atlarge-lists.icann.org https://atlarge-lists.icann.org/mailman/listinfo/alac
At-Large Online: http://www.atlarge.icann.org ALAC Working Wiki: https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALA...)
participants (3)
-
Carlton Samuels -
Evan Leibovitch -
JJS