Draft Agenda for GNSO Council teleconference on Thursday 18 August 2005
Draft Agenda for Council meeting Thursday 18 August 2005 Coordinated Universal Time UTC 12:00 (5:00 Los Angeles, 8:00 Washington DC, 14:00 Brussels, 22:00 Melbourne) Item 1: Approval of minutes - meeting in Luxembourg - 12 July 2005 - teleconference - 28 July 2005 Item 2: Staff action items - list of current GNSO work items - legal text for WHOIS recommendation - updated paper on past decisions relating to new gtlds - timeline for developing GNSO review terms of reference Item 3: IDNs - Cary Karp to provide update on discussions at the IETF Proposed motion: The GNSO requests the ICANN staff to establish a working group to revise the IDN Guidelines (version 1.0, 20 June 2003) http://www.icann.org/general/idn-guidelines-20jun03.htm . The working group should comprise representatives from gtld registries, cctld registries, application developers (e.g WWW browsers, email clients), and other interested members of the ICANN community. Item 4: Support for new gtlds in Internet applications Proposed motion: The GNSO requests that the ICANN staff create an information area on the ICANN website for developers of software applications that directly use domain names and IP addresses (e.g DNS resolvers etc). This area would contain contributions from the ICANN community on how best to support new TLDs, and IDNs in applications. Press releases for new TLDs should contain a direct link to this information area. Item 5: Review compliance of registrars with current WHOIS accuracy requirements Proposed Motion: The GNSO agrees to create a working group, with a representative group of volunteers from the GNSO, to work with the ICANN staff to review the effectiveness and compliance of the current contractual requirements with respect to WHOIS accuracy. The group will take as input (1) the WDPRS report released on March 31st 2004, (2) the WDRP report released on November 20th 2004, and (3) the impact of ICANN's compliance plan. The working group will be chaired by Niklas Lagergren. Item 6: Next steps on new gtlds - review of updated paper from Olof Nordling - recommend next steps Item 7: Discussion of proposed changes to ICANN bylaws to improve transparency with respect to contract approvals - see http://www.gnso.icann.org/mailing-lists/archives/council/msg01224.html - presentation from chair of registrars constituency and chair of registrar constituency subcommittee reviewing bylaws Item 8: Fortnightly planning meetings - see message from Marilyn Cade http://www.gnso.icann.org/mailing-lists/archives/council/msg01212.html Item 9: Issues report on single letter second level and top level gtld domain names - http://www.gnso.icann.org/mailing-lists/archives/council/msg01220.html Item 10: Proposed joint Council/Board meeting in Vancouver - http://www.gnso.icann.org/mailing-lists/archives/council/msg01223.html - see also item 8 above Item 11: Any other business
Hello All: I came across the following article today in one of my legal periodicals that I thought might be worth sharing. I believe it may potentially be relevant if ICANN should ever go down the path of auctioning off TLDs. Although the summary of the article from BNA is free, one needs to have a subscription for the translation of the decision into English, however, the German version if FREE. GERMAN CT. RULES NET AUCTION POSTING AN IRREVOCABLE OFFER BNA's Electronic Commerce & Law Report reports that a German court has ruled that placing an article for sale on eBay constitutes a binding and irrevocable offer to sell. Even if a seller terminates the auction before the specified time period ends, the binding offer stands. It does not matter if the seller complied with eBay's termination procedures. Article at <http://pubs.bna.com/ip/BNA/eip.nsf/is/a0b1e8v3y6> For a free trial to the source of this story, visit http://www.bna.com/prodcuts/ip/eplr.htm German language decision at <http://cogworms.notlong.com/> Thomas perhaps you might be able to translate and share any relevant portions of the text with the council. Best regards, Michael D. Palage
the article reports about a ruling of the OLG Oldenburg .a german court, in respect to a person trying to sell a car at ebay but withdrawing the offer after several bits had already been placed. The court agreed with the argumentation of the complainant that due to the offer of the defendant at ebay and the valid bit of the complainant a contract between this to parties had been established. The case was resolved by ordering the defendant to pay damages of 2.499,50 � to the complainant. Basicly this ruling means that if you start to sell something on ebay you have to accept the highest offer you get and go with it. I'm as you all know no lawyer and I hope that I haven't missunderstood the importance of this ruling but to my limited understanding I would not think that this has any relevance for future TLD auctions. But maybe Niclas should have a look at this as well. Best, tom Am 11.08.2005 schrieb Michael D. Palage:
Hello All:
I came across the following article today in one of my legal periodicals that I thought might be worth sharing. I believe it may potentially be relevant if ICANN should ever go down the path of auctioning off TLDs. Although the summary of the article from BNA is free, one needs to have a subscription for the translation of the decision into English, however, the German version if FREE.
GERMAN CT. RULES NET AUCTION POSTING AN IRREVOCABLE OFFER BNA's Electronic Commerce & Law Report reports that a German court has ruled that placing an article for sale on eBay constitutes a binding and irrevocable offer to sell. Even if a seller terminates the auction before the specified time period ends, the binding offer stands. It does not matter if the seller complied with eBay's termination procedures. Article at <http://pubs.bna.com/ip/BNA/eip.nsf/is/a0b1e8v3y6> For a free trial to the source of this story, visit http://www.bna.com/prodcuts/ip/eplr.htm German language decision at <http://cogworms.notlong.com/>
Thomas perhaps you might be able to translate and share any relevant portions of the text with the council.
Best regards,
Michael D. Palage
Gruss, tom (__) (OO)_____ (oo) /|\ A cow is not entirely full of | |--/ | * milk some of it is hamburger! w w w w
Thomas: Thanks for the translation. I would appreciate Nicholas' views on the native German text as well. Let me explain my concern as a lawyer. At the Board we have struggled over the past year with a number of sTLD applications that did not exactly fit the 2000 sponsor mold - in fact I have heard a number of comments from the community about the "sponsorship" nature of a number of applications. Unlike the 2000 proof of concept process where ICANN Board were able to choose among the applicants, this sTLD round was a little more limited, i.e. if the applicant met the criteria it was intended that they would be approved by the Board. Although the Board does always have the authority to disagree with any of the independent evaluator's recommendations. With this back drop, I think it is important to understand that should ICANN move forward with a potential auction model, they might be limited in their ability to withdraw/decline/refuse potential bidders once the auction has started. Having thought about this decision for the past couple of hours, should ICANN decide to utilize an auction mechanism I think it would be important to have a pre-screening stage to screen potential problem applications prior to the start of any auction. So although initially you may not understand how a car being sold on eBay related to the auctioning off of gTLDs, I hope this additional insight provides the thoughts of just this lawyer. Again I welcome the thoughts and insight of Nicholas. Best regards, Michael -----Original Message----- From: owner-council@gnso.icann.org [mailto:owner-council@gnso.icann.org] On Behalf Of Thomas Keller Sent: Thursday, August 11, 2005 10:28 AM To: Michael D. Palage Cc: council@gnso.icann.org Subject: Re: [council] Legal Decision wrt Auctions the article reports about a ruling of the OLG Oldenburg .a german court, in respect to a person trying to sell a car at ebay but withdrawing the offer after several bits had already been placed. The court agreed with the argumentation of the complainant that due to the offer of the defendant at ebay and the valid bit of the complainant a contract between this to parties had been established. The case was resolved by ordering the defendant to pay damages of 2.499,50 to the complainant. Basicly this ruling means that if you start to sell something on ebay you have to accept the highest offer you get and go with it. I'm as you all know no lawyer and I hope that I haven't missunderstood the importance of this ruling but to my limited understanding I would not think that this has any relevance for future TLD auctions. But maybe Niclas should have a look at this as well. Best, tom Am 11.08.2005 schrieb Michael D. Palage:
Hello All:
I came across the following article today in one of my legal periodicals that I thought might be worth sharing. I believe it may potentially be relevant if ICANN should ever go down the path of auctioning off TLDs. Although the summary of the article from BNA is free, one needs to have a subscription for the translation of the decision into English, however, the German version if FREE.
GERMAN CT. RULES NET AUCTION POSTING AN IRREVOCABLE OFFER BNA's Electronic Commerce & Law Report reports that a German court has ruled
that placing an article for sale on eBay constitutes a binding and irrevocable offer to sell. Even if a seller terminates the auction before the specified time period ends, the binding offer stands. It does not matter if the seller complied with eBay's termination procedures. Article at <http://pubs.bna.com/ip/BNA/eip.nsf/is/a0b1e8v3y6> For a free trial to the source of this story, visit http://www.bna.com/prodcuts/ip/eplr.htm German language decision at <http://cogworms.notlong.com/>
Thomas perhaps you might be able to translate and share any relevant portions of the text with the council.
Best regards,
Michael D. Palage
Gruss, tom (__) (OO)_____ (oo) /|\ A cow is not entirely full of | |--/ | * milk some of it is hamburger! w w w w
participants (3)
-
Bruce Tonkin -
Michael D. Palage -
Thomas Keller