Philip,

 

While RNA Partners is on record for supporting the EOI process for a number of reasons, we are not wholly opposed to your draft BC position on this topic.  There are, however, three things that jumped out at me when I read your draft. 

 

I am not sure that the following statement is true and believe that it should be verified before inclusion: “The EOI process is diverting ICANN staff and the community from focusing on the completion of the DAG itself”  My understanding is that the EOI process is simply identifying cornerstone elements earlier on in the overall process.  In this way it establishes a manageable way forward when the process gets underway by avoiding inevitable bottlenecks and/or massive confusion that a “shotgun start” would undoubtedly lead to.

 

The second questionable comment (noted below) is incorrect, in my view.  While RNA strongly supports an IP Clearinghouse (or some such mechanism) being in place prior to the new gTLD application period opens, in lieu of having that finalized prior to the EOI opening brand, owners still have the right to oppose any and all speculators in their names as is outlined in the current DAG.  As I read it, the current challenge language – an organization of standing – ensures that brand holders rights are protected by allowing them to oppose so that their names/marks cannot fall into the hands of an unauthorized applicant.  “brand owners may feel compelled to enter into an EOI purely for defensive reasons, so that they do not suffer when a speculator is given rights in their brand.”

 

Finally, we also do not agree that the EOI violates the AoC.  In this regard, we agree entirely with Marilyn’s comments submitted to this list.

 

Kind regards,

 

RA

 

From: owner-bc-gnso@icann.org [mailto:owner-bc-gnso@icann.org] On Behalf Of Philip Sheppard
Sent: Wednesday, February 24, 2010 11:56 PM
To: bc-gnso@icann.org
Subject: [bc-gnso] Draft BC position EOI v2

 

Thanks to BC members for their comments to date.

I attach a revised version 2.

Comments / expressions of support please now on this version referencing line tracking as appropriate.

Philip

 

From: Philip Sheppard [mailto:philip.sheppard@aim.be]
Sent: Tuesday, February 23, 2010 10:19 AM
To: 'bc-gnso@icann.org'
Subject: Draft BC position EOI

For 14 day comment

 

I have been asked by the new VP policy coordination Steve DelBianco to act as rapporteur for the issue of Expressions of Interest in the context of the new gTLDS process.

 

I attach a proposed draft for the Constituency. Its argumentation and consequent conclusion is based on the submissions of Bc members in their individual capacity to the public comments process. These comment were significant in their commonality. In short all commentators believed that:

- the EOI is a poor substitute for data gathering and an economic study

- the EOI is bad business practice as it requires investors to invest in ignorance of issues that ICANN is obliged to solve.

 

Comments, improvements are most welcome ideally by e-mail bullet points referencing the line numbers rather than Word tracked changes.

This makes the job of the poor rapporteur much easier !

 

 

Philip