Alissa,

I'll give you my thoughts on the various questions, although these are not official answers of the CWG:

1.  Timeline:  It's unclear if Manal is asking about the timeline for the estimate or for the underlying project.  For the estimate, counsel to the CWG (Sidley) responded yesterday on another estimate request made at the same time, and said they would respond shortly to this request.  For the underlying project, I think it's premature to come up with a specific timeline until we engage counsel and talk timing with them.  That said, everyone understands this needs to be expedited to coordinate with the ICG.

2.  Fallback Plan:  I don't think there's any need to formulate a backup plan.  I am highly confident that we will get the help we need from Sidley with an appropriate time and cost.  They've been working closely with us; they know they need to be pragmatic and cost-effective.  Also, ICANN has said that they will give this project the support it needs, so the concept of "out of budget" doesn't strictly apply.  That said, this is not a "blank check," and if the estimate seems excessive, I'm sure we'll push back and quickly get it right.  It would be presumptuous of me to speculate on a back-up plan in the exceptionally unlikely event that we decide not to assign Sidley this particular task; I'll just reiterate that I think it is unnecessary and even a tad alarmist to focus on this.

3.  As for Milton's question, "why would CWG be seriously considering options that are going to cause compatibility problems" with the CRISP proposal?  I believe the CWG has a duty and an obligation to come to its own understanding of the facts and the law, and then to come to its own conclusions.  As has been well stated by our Chairs, the CWG has not yet formed a view. Implicit in this, the CWG has not formed a view on the CRISP proposal.  It would be highly inappropriate to pressure the CWG to "go along to get along," to accept another community's position just because it showed up first, and not on the basis of actual deliberation and understanding.  The CRISP proposal does not form any kind of "status quo."  Indeed, the "status quo" is that ICANN owns the trademarks and domain names.  Although the RFP asked us to maintain the status quo unless there specific, well-explained reasons not to, I think that the CWG should approach this question with an open mind, without giving weight to either the status quo or the CRISP proposal.  If the CWG comes up with a different proposal than the CRISP proposal, the ICG should also approach this situation with an open mind, and facilitate a determination by the communities and the ICG of how to resolve any incompatibility.

Greg


On Thu, Jul 16, 2015 at 1:22 PM, Alissa Cooper <alissa@cooperw.in> wrote:
Could someone shed light on the questions posed by Manal below?

Thanks,
Alissa

Begin forwarded message:

From: Manal Ismail <manal@tra.gov.eg>
Subject: Re: [Internal-cg] Status of IPR topic in the CWG
Date: July 16, 2015 at 2:38:40 AM PDT
To: Lynn St.Amour <Lynn@LStAmour.org>, Milton L Mueller <mueller@syr.edu>
Cc: IANA etc etc Coordination Group <internal-cg@ianacg.org>

I also don't understand what's the timeline of this and more importantly what's the fallback scenario in case this requires many hours and turn to be out of budget ..
Kind Regards
--Manal

-----Original Message-----
From: Internal-cg [mailto:internal-cg-bounces@ianacg.org] On Behalf Of Lynn St.Amour
Sent: Wednesday, July 15, 2015 11:37 PM
To: Milton L Mueller
Cc: IANA etc etc Coordination Group
Subject: Re: [Internal-cg] Status of IPR topic in the CWG

Hi Milton,

I don't understand it either, and that would be a good question for the CWG.

Lynn

On Jul 15, 2015, at 5:25 PM, Milton L Mueller <mueller@syr.edu> wrote:

I  do not understand this outcome. I can understand asking lawyers to figure out alternative ways to do what the CRISP team suggested (namely, make the trademarks and domain independent of any specific IANA functions operator), but the first two options are not, in fact, options, because they don't meet that criterion. In other words, why would CWG be seriously considering options that are going to cause compatibility problems?


From: Internal-cg [mailto:internal-cg-bounces@ianacg.org] On Behalf Of Alissa Cooper
Sent: Tuesday, July 14, 2015 10:27 AM
To: IANA etc etc Coordination Group
Subject: [Internal-cg] Status of IPR topic in the CWG

The CWG had a call last week and one of the action items resulting from the call was as follows:

Action item: Client committee to scope the work concerning IPR based on CWG-Stewardship discussion and will ask for an indication from Sidley on hours/ budget involved to undertake this work. Client committee to instruct Sidley to talk to ICANN legal to obtain further insight and background to the IPR issue (possibly with involvement of other members of the CWG) - also consider involving other communities.


The client committee consists of CWG participants and legal advisors from their independent law firm, Sidley. CWG co-chair Lise Fuhr has since taken the action: <http://mm.icann.org/pipermail/cwg-client/2015-July/000252.html>. As you can see, the CWG is asking Sidley for a quote of how many hours of work Sidley would require to evaluate three scenarios: "IANA's IPR either: (i) stays with ICANN; (ii) goes to PTI; or (iii) goes into trust (IETF, mutual trust)." My understanding is that once they receive the quote they will decide whether to ask Sidley to do this work and whether to use the output of that work to help form a CWG position as regards the IANA IPR.


Folks who have been participating in the CWG should correct the above if it's wrong.

Alissa

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