DRAFT text of letter from Council to Board RE: singular and plural new gTLD applications
All, Here is my take on the text of a letter from Jonathan to Steve on the subject of singular and plural new gTLD applications as we agreed ought to be written and sent. Cheers, Berard In the course of our meetings this week in Beijing, we have heard and share the concerns expressed about the undesirable consequences of allowing both singular and plural forms of the same word to be delegated in the news gTLD program. On the basis of policy recommendations of the Council to avoid consumer confusion, this letter asks for clarity on why that policy was, effectively, set aside by the panelist that ICANN enrolled to conduct string similarity tests. Specifically, in the new gTLD Report that was adopted by the GNSO Council was “Recommendation 2 Discussion -- Strings must not be confusingly similar to an existing top-level domain” (see http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm). The effect of singular and plurals is already embedded in practice. Note that WIPO mediation rules include this: “Words used in the singular include the plural and vice versa, as the context may require.” At a minimum, the Council requests fuller disclosure about the process by which the panelist made their determination and why the Board accepted this variance from existing practice and gTLD policy. Greater transparency will help the Council evaluate whether the criteria for string similarity were properly conveyed to the panelist, whether the panelist followed that policy advice and how we can address the concerns of the community.
Like the letter. In addition would it be useful to characterise the outcome an error? Best regards, Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 35680760 / 35685276 / 35655025 Fax: +92 21 35655026 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 iPad On 11 Apr 2013, at 11:40, john@crediblecontext.com wrote:
All, Here is my take on the text of a letter from Jonathan to Steve on the subject of singular and plural new gTLD applications as we agreed ought to be written and sent. Cheers, Berard In the course of our meetings this week in Beijing, we have heard and share the concerns expressed about the undesirable consequences of allowing both singular and plural forms of the same word to be delegated in the news gTLD program. On the basis of policy recommendations of the Council to avoid consumer confusion, this letter asks for clarity on why that policy was, effectively, set aside by the panelist that ICANN enrolled to conduct string similarity tests. Specifically, in the new gTLD Report that was adopted by the GNSO Council was “Recommendation 2 Discussion -- Strings must not be confusingly similar to an existing top-level domain” (see http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm). The effect of singular and plurals is already embedded in practice. Note that WIPO mediation rules include this: “Words used in the singular include the plural and vice versa, as the context may require.” At a minimum, the Council requests fuller disclosure about the process by which the panelist made their determination and why the Board accepted this variance from existing practice and gTLD policy. Greater transparency will help the Council evaluate whether the criteria for string similarity were properly conveyed to the panelist, whether the panelist followed that policy advice and how we can address the concerns of the community.
I disagree with: - the idea that we know standards were set aside by the panel - that singulars and plurals co-existing are necessarily bad - that the outcomes were in error So, sorry, I can't support this letter. In addition, I point to the practical matter that I very much doubt staff would be likely to demand that an evaluation panel divulge its internal processes. I similarly doubt that would be a good idea, for a lot of reasons. Sent from my iPad On Apr 11, 2013, at 11:49 AM, Zahid Jamil <zahid@dndrc.com> wrote:
Like the letter. In addition would it be useful to characterise the outcome an error?
Best regards,
Zahid Jamil Barrister-at-law Jamil & Jamil Barristers-at-law 219-221 Central Hotel Annexe Merewether Road, Karachi. Pakistan Cell: +923008238230 Tel: +92 21 35680760 / 35685276 / 35655025 Fax: +92 21 35655026 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 iPad
On 11 Apr 2013, at 11:40, john@crediblecontext.com wrote:
All, Here is my take on the text of a letter from Jonathan to Steve on the subject of singular and plural new gTLD applications as we agreed ought to be written and sent. Cheers, Berard In the course of our meetings this week in Beijing, we have heard and share the concerns expressed about the undesirable consequences of allowing both singular and plural forms of the same word to be delegated in the news gTLD program. On the basis of policy recommendations of the Council to avoid consumer confusion, this letter asks for clarity on why that policy was, effectively, set aside by the panelist that ICANN enrolled to conduct string similarity tests. Specifically, in the new gTLD Report that was adopted by the GNSO Council was “Recommendation 2 Discussion -- Strings must not be confusingly similar to an existing top-level domain” (see http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm). The effect of singular and plurals is already embedded in practice. Note that WIPO mediation rules include this: “Words used in the singular include the plural and vice versa, as the context may require.” At a minimum, the Council requests fuller disclosure about the process by which the panelist made their determination and why the Board accepted this variance from existing practice and gTLD policy. Greater transparency will help the Council evaluate whether the criteria for string similarity were properly conveyed to the panelist, whether the panelist followed that policy advice and how we can address the concerns of the community.
I would not support the assertion that the evaluations contravene policy, or "that we have heard *and share* concerns." I could support sending a question on which we'd like further information in order to assess whether policy has been implemented properly. --Wendy On 04/10/2013 11:40 PM, john@crediblecontext.com wrote:
All, Here is my take on the text of a letter from Jonathan to Steve on the subject of singular and plural new gTLD applications as we agreed ought to be written and sent. Cheers, Berard
In the course of our meetings this week in Beijing, we have heard and share the concerns expressed about the undesirable consequences of allowing both singular and plural forms of the same word to be delegated in the news gTLD program. On the basis of policy recommendations of the Council to avoid consumer confusion, this letter asks for clarity on why that policy was, effectively, set aside by the panelist that ICANN enrolled to conduct string similarity tests. Specifically, in the new gTLD Report that was adopted by the GNSO Council was “Recommendation 2 Discussion -- Strings must not be confusingly similar to an existing top-level domain” (see http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm). The effect of singular and plurals is already embedded in practice. Note that WIPO mediation rules include this: “Words used in the singular include the plural and vice versa, as the context may require.” At a minimum, the Council requests fuller disclosure about the process by which the panelist made their determination and why the Board accepted this variance from existing practice and gTLD policy. Greater transparency will help the Council evaluate whether the criteria for string similarity were properly conveyed to the panelist, whether the panelist followed that policy advice and how we can address the concerns of the community.
I think this letter focuses on a specific case, there are other cases of one letter difference between gTLD applications that could fall in the similarity confusion. That said, I still think that the Council should focus on wether the rules or recommendations stablished in the Guidebook were followed. If this is a case of a badly or unclearly written rule we should resign to it, too much time was dedicated to the Guidebook to try to change or revise it now. Best regards, Osvaldo El 11/04/2013, a las 11:41, "john@crediblecontext.com<mailto:john@crediblecontext.com>" <john@crediblecontext.com<mailto:john@crediblecontext.com>> escribió: All, Here is my take on the text of a letter from Jonathan to Steve on the subject of singular and plural new gTLD applications as we agreed ought to be written and sent. Cheers, Berard In the course of our meetings this week in Beijing, we have heard and share the concerns expressed about the undesirable consequences of allowing both singular and plural forms of the same word to be delegated in the news gTLD program. On the basis of policy recommendations of the Council to avoid consumer confusion, this letter asks for clarity on why that policy was, effectively, set aside by the panelist that ICANN enrolled to conduct string similarity tests. Specifically, in the new gTLD Report that was adopted by the GNSO Council was “Recommendation 2 Discussion -- Strings must not be confusingly similar to an existing top-level domain” (see http://gnso.icann.org/en/issues/new-gtlds/pdp-dec05-fr-parta-08aug07.htm). The effect of singular and plurals is already embedded in practice. Note that WIPO mediation rules include this: “Words used in the singular include the plural and vice versa, as the context may require.” At a minimum, the Council requests fuller disclosure about the process by which the panelist made their determination and why the Board accepted this variance from existing practice and gTLD policy. Greater transparency will help the Council evaluate whether the criteria for string similarity were properly conveyed to the panelist, whether the panelist followed that policy advice and how we can address the concerns of the community. ________________________________ El presente correo y cualquier posible archivo adjunto está dirigido únicamente al destinatario del mensaje y contiene información que puede ser confidencial. Si Ud. no es el destinatario correcto por favor notifique al remitente respondiendo anexando este mensaje y elimine inmediatamente el e-mail y los posibles archivos adjuntos al mismo de su sistema. Está prohibida cualquier utilización, difusión o copia de este e-mail por cualquier persona o entidad que no sean las específicas destinatarias del mensaje. ANTEL no acepta ninguna responsabilidad con respecto a cualquier comunicación que haya sido emitida incumpliendo nuestra Política de Seguridad de la Información This e-mail and any attachment is confidential and is intended solely for the addressee(s). If you are not intended recipient please inform the sender immediately, answering this e-mail and delete it as well as the attached files. Any use, circulation or copy of this e-mail by any person or entity that is not the specific addressee(s) is prohibited. ANTEL is not responsible for any communication emitted without respecting our Information Security Policy.
participants (5)
-
john@crediblecontext.com -
Mason Cole -
Novoa, Osvaldo -
Wendy Seltzer -
Zahid Jamil