October 2009 - Bc-gnso - lists.icann.org

European Commission reaction on the AOC
by Philip Sheppard Oct. 19, 2009

Oct. 19, 2009

For European Commission reaction on the AOC see this link. http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/1397 Philip

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BC Charter vote - suspended
by BC Secretariat Oct. 18, 2009

Oct. 18, 2009

Colleagues, it seems that seven months of discussion has been insufficient. Yes we started in April ! The Officers agree to a suspension of the vote. We propose a further 7 day discussion period. Followed by a 7day vote. This will take us beyond Seoul and we will apologise to the Board for that. This makes no difference to our two on-going Council members assuming the Board take no action. We have seen two substantive issues (review clause) (membership criteria) and propose this edit (v16) to address them. Please let us know other substantive issues. Zahid Jamil Mike Rodenbaugh Philip Sheppard

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Board letter to GNSO wrt IRT recommendations aka Fw: [council] Board request for GNSO input on specific trademark issues in the Draft Applicant Guidebook
by Zahid Jamil Oct. 17, 2009

Oct. 17, 2009

Sincerely, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 5680760 / 5685276 / 5655025 Fax: +92 21 5655026 www.jamilandjamil.com Notice / Disclaimer This message contains confidential information and its contents are being communicated only for the intended recipients . If you are not the intended recipient you should not disseminate, distribute or copy this e-mail. Please notify the sender immediately by e-mail if you have received this message by mistake and delete it from your system. The contents above may contain/are the intellectual property of Jamil & Jamil, Barristers-at-Law, and constitute privileged information protected by attorney client privilege. The reproduction, publication, use, amendment, modification of any kind whatsoever of any part or parts (including photocopying or storing it in any medium by electronic means whether or not transiently or incidentally or some other use of this communication) without prior written permission and consent of Jamil & Jamil is prohibited. Sent from my BlackBerry® wireless device -----Original Message----- From: Denise Michel <denise.michel(a)icann.org> Date: Tue, 13 Oct 2009 20:04:37 To: <council(a)gnso.icann.org>; liaison6c<liaison6c(a)gnso.icann.org> Cc: Kurt Pritz<kurt.pritz(a)icann.org> Subject: [council] Board request for GNSO input on specific trademark issues in the Draft Applicant Guidebook Dear GNSO Council members: Attached is the Board's letter to the GNSO Council requesting input on the URS and Clearinghouse recommendations in the gTLD Applicant Guidebook version 3. Regards, Denise Denise Michel ICANN Vice President Policy Development denise.michel(a)icann.org +1.408.429.3072 mobile +1.310.578.8632 direct

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BC meetings and events in Seoul
by BC Secretariat Oct. 15, 2009

Oct. 15, 2009

Dear Members Please find attached a one-page summary of BC meetings and events in Seoul. Below is an up-to-date list of BC members who will be in Seoul. Best wishes Gary ----------------------------------- Zahid Jamil Mike Rodenbaugh Philip Sheppard Chris Martin Liz Williams Marilyn Cade Jarkko Ruuska and Ritva Siren Steve DelBianco Martin Sutton Ron Andruff Phil Corwin Jim Baskin Susan Kawaguchi Alain Bidron Scott McCormick Maggie Mansourkia

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BC cocktail 28 October
by Philip Sheppard Oct. 15, 2009

Oct. 15, 2009

Colleagues, The BC is holding an outreach cocktail in Seoul. All BC members present in Seoul are invited. No need to RSVP. If you have contacts in the local business community and will be present in Seoul, please encourage them to join us. In this case please keep the secretariat informed of any acceptances. --------------------------------------- Wednesday 28 October 18.00 - 19.00 BC outreach cocktail - Athenee room - Lotte Hotel Seoul www.lottehotelseoul.com (the main venue hotel) 1, Sogong-dong, Jung-gu Seoul, Korea 100-721

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Appointment of NCA to Houses
by Philip Sheppard Oct. 15, 2009

Oct. 15, 2009

FYI -----Original Message----- From: owner-council(a)gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Avri Doria Hi, Since it does not appear that the 4 SGs managed to negotiate to a common acceptable position on the placement of the NCA appointees, and given that a week has passed since the meeting and the decision to give the council a week to try and find another acceptable solution to the lottery, I believe that we are now in the position of accepting the results of the lottery and allowing the 3 NCAs to start participating with their houses on the decisions concerning candidates for the chair position. Thus, the NCA are allocated according to the following list as determined by the lottery: Terry Davis - Contracted Parties House Olga Cavalli - Non Contracted Parties House Andrei Kolesnikov - Non Voting Seat

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What is ICANN doing to make sure that the UDRP providers are truly neutral?
by George Kirikos Oct. 14, 2009

Oct. 14, 2009

Hi folks, There was a very good article in the Wall Street Journal today discussing the turmoil in the arbitration world, in particular with NAF: http://online.wsj.com/article/SB125548128115183913.html?mod=googlenews_wsj "Banks "don't need the taint that comes with mandatory arbitration." "While telling consumers that it was an impartial arbitrator, NAF worked closely with creditors, the regulator claimed, including drafting claims against consumers." "Former arbitrators, a congressional subcommittee, consumers and government suits are now alleging that NAF has been systematically ruling against consumers for years." "A congressional subcommittee, which began an investigation last year to study the fairness of mandatory arbitration, concluded in July that the current arbitration system is "ripe for abuse." Arbitration, as "operated by NAF, does not provide protection for those consumers," the committee said." "Before that case, she had ruled in favor of credit-card companies 18 consecutive times, she told the committee. She says she finished several pending NAF cases after she ruled for the card holder, but then wasn't given more cases. The official reason the NAF gave for canceling more work was scheduling conflicts. But Ms. Bartholet said in an interview that an NAF manager told her she was likely removed because she ruled for the debtor." In light of this, what is ICANN doing to ensure that UDRP is conducted in a neutral manner? Ideally it should be optional, unless *both* parties agree to it (i.e. parties should be permitted to choose the courts, a superior method for complex matters, if they feel it is appropriate). We have had NAF openly admit (in their IRT comments) that: http://forum.icann.org/lists/irt-final-report/msg00178.html "Panelists have taken the opportunity, over time, to agree with those complainants and broaden the scope of the UDRP, but it started out as a mechanism only for clear cut cases of cybersquatting." It's clearly in the financial interests of UDRP providers (and panelists) to continue to expand the scope of cases and tilt their decisions towards complainants in order to encourage more complaints overall, and more complaints that involve either themselves as panelists or their UDRP provider ("forum shopping"). This represents a perversion of the system of justice that domain registrants rely upon. ICANN staff and the GSNO should prepare an issues report, and perhaps fund independent scholarly research like that conducted by Professor Michael Geist in the past: http://www.udrpinfo.com/ Sincerely, George Kirikos 416-588-0269 http://www.leap.com/

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From BC to CSG
by Rick Anderson Oct. 14, 2009

Oct. 14, 2009

Sarah and I and others have asked - and I ask again - where is the migration path to a more integrated involvement with the CSG? Why are all our calls and discussions focussed on the legacy BC, and zero on the CSG? Why are we discussing GNSO officers in the BC silo rather than as a CSG matter? When will there be a discussion list set up for all CSG members where we can discuss CSG business? Is there a CSG session at Seoul and may we dial in to that? cheers/Rick Rick Anderson EVP, InterBorder Holdings Ltd email: randerson(a)interborder.ca cell: (403) 830-1798 This e-mail message and any attachments may contain confidential and/or privileged information intended only for the addressee. In the event this e-mail is sent to you in error, sender and sender’s company do not waive confidentiality or privilege, and waiver may not be assumed. Any dissemination, distribution or copying of, or action taken in reliance on, the contents of this e-mail by anyone other than the intended recipient is prohibited. If you have been sent this e-mail in error, please destroy all copies and notify sender at the above e-mail address. Computer viruses can be transmitted by e-mail. You should check this e-mail message and any attachments for viruses. Sender and sender’s company accept no liability for any damage caused by any virus transmitted by this e-mail. Like other forms of communication, e-mail communications may be vulnerable to interception by unauthorized parties. If you do not wish to communicate by e-mail, please notify sender. In the absence of such notification, your consent is assumed. Sender will not take any additional security measures (such as encryption) unless specifically requested.

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Remote Participation, BC meeting Seoul
by BC Secretariat Oct. 14, 2009

Oct. 14, 2009

Dear Members I now have the dial-in details for remote participation in the BC meeting in Seoul. Please contact me if you would like me to forward them to you Best wishes Gary

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FW: GNSO Council chair elections?
by Philip Sheppard Oct. 14, 2009

Oct. 14, 2009

I have to report Zahid is having second thoughts about this. For which I for one fully understand. Will keep the list posted as we hear of developments. _____ From: Philip Sheppard [mailto:philip.sheppard@aim.be] Sent: Wednesday, October 14, 2009 3:21 PM To: 'bc - GNSO list' Subject: GNSO Council chair elections? There are two chair nominations to date: Stephan Van Gelder (registrar) - supported by the R&Rs, Olga Cavalli (non com) - supported by NCSG. We have proposed Zahid as vice chair of our House. BC members input most welcome. Philip

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