Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue
All, I'm writing to request changes in Section 1.5.5.c, e and f of the report so that it is consistent with and reflects WT(2) discussions. (Section accessible at https://community.icann.org/display/NGSPP/f.+Report+Drafting?preview=/692728...) During the 18 January 2018 WT call discussing this issue, I opposed the covenant not to sue - regardless of any appeal mechanism. Based on statements by the WG Co-Chairs (one verbally and one in chat), I understood that the report would reflect that opposition. I also understood based on statements in chat that we would seek public comment on the covenant not to sue - independent of any appeals mechanism - in the Initial Report. Moreover, the discussion was clear that, for even those WT members who supported an appeals mechanism, that support is dependent on the efficacy of the appeals mechanism. The current draft of the report doesn't reflect either of these points (c and f), and doesn't seek public comment on either of them, either (e). I believe these inadvertent omissions need to be corrected. I apologize for the timing of this request, but didn't realize until yesterday's meeting that the text I was looking for was in Section 1.5 (and not Section 1.8) Kristina Kristina Rosette Senior Corporate Counsel, IP - Domains rosettek@amazon.com<mailto:rosettek@amazon.com> | 703.407.1354
I recall and support Kristina's intervention as well. Thx. Jon Begin forwarded message:
From: "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg@icann.org> Date: June 19, 2018 at 8:43:56 AM PDT To: "gnso-newgtld-wg@icann.org" <gnso-newgtld-wg@icann.org> Subject: [Gnso-newgtld-wg] Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue Reply-To: "Rosette, Kristina" <rosettek@amazon.com>
All,
I’m writing to request changes in Section 1.5.5.c, e and f of the report so that it is consistent with and reflects WT(2) discussions. (Section accessible at https://community.icann.org/display/NGSPP/f.+Report+Drafting?preview=/692728...)
During the 18 January 2018 WT call discussing this issue, I opposed the covenant not to sue – regardless of any appeal mechanism. Based on statements by the WG Co-Chairs (one verbally and one in chat), I understood that the report would reflect that opposition. I also understood based on statements in chat that we would seek public comment on the covenant not to sue – independent of any appeals mechanism – in the Initial Report. Moreover, the discussion was clear that, for even those WT members who supported an appeals mechanism, that support is dependent on the efficacy of the appeals mechanism. The current draft of the report doesn’t reflect either of these points (c and f), and doesn’t seek public comment on either of them, either (e). I believe these inadvertent omissions need to be corrected.
I apologize for the timing of this request, but didn’t realize until yesterday’s meeting that the text I was looking for was in Section 1.5 (and not Section 1.8)
Kristina
Kristina Rosette Senior Corporate Counsel, IP – Domains rosettek@amazon.com | 703.407.1354
_______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
I agree with Kristina and Jon. Thanks, Mike Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com ---------- Forwarded message ---------- From: Jon Nevett <jon@donuts.email> Date: Tue, Jun 19, 2018 at 8:52 AM Subject: [Gnso-newgtld-wg] Fwd: Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue To: "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg@icann.org> I recall and support Kristina's intervention as well. Thx. Jon Begin forwarded message: *From:* "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg@icann.org> *Date:* June 19, 2018 at 8:43:56 AM PDT *To:* "gnso-newgtld-wg@icann.org" <gnso-newgtld-wg@icann.org> *Subject:* *[Gnso-newgtld-wg] Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue* *Reply-To:* "Rosette, Kristina" <rosettek@amazon.com> All, I’m writing to request changes in Section 1.5.5.c, e and f of the report so that it is consistent with and reflects WT(2) discussions. (Section accessible at https://community.icann.org/display/NGSPP/f.+Report+ Drafting?preview=/69272887/84218145/Section%201.5% 20Application%20Submission_28Apr2018.docx) During the 18 January 2018 WT call discussing this issue, I opposed the covenant not to sue – regardless of any appeal mechanism. Based on statements by the WG Co-Chairs (one verbally and one in chat), I understood that the report would reflect that opposition. I also understood based on statements in chat that we would seek public comment on the covenant not to sue – independent of any appeals mechanism – in the Initial Report. Moreover, the discussion was clear that, for even those WT members who supported an appeals mechanism, that support is dependent on the efficacy of the appeals mechanism. The current draft of the report doesn’t reflect either of these points (c and f), and doesn’t seek public comment on either of them, either (e). I believe these inadvertent omissions need to be corrected. I apologize for the timing of this request, but didn’t realize until yesterday’s meeting that the text I was looking for was in Section 1.5 (and not Section 1.8) Kristina Kristina Rosette Senior Corporate Counsel, IP – Domains rosettek@amazon.com | 703.407.1354 _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg _______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
Hi Kristina, Thank you very much for bringing this to my attention. I apologize that we were unable to capture this fully up until now. Per your request, I have gone back and reviewed the previous calls in regards to this topic and added a few clarifications to the recommendations and deliberations that I hope capture the content clearly. Also, with the help of other co-chairs and staff that have been on the ball, questions have been added with the intent to solicit more input from the community in public comment. I hope with these additions that we have captured all interests respectively as they have been communicated and portrayed in previous calls and over this exchange. As Jeff mentioned on a previous call, the initial report edits should be coming out soon. I look forward to your review of these edits as soon as possible. If any other matters need to be addressed, I would be very happy to give that my full attention. Again, thank you and everyone else who echoed support for these clarifications. Kind regards, Michael Flemming On Wed, Jun 20, 2018 at 1:33 AM Mike Rodenbaugh <mike@rodenbaugh.com> wrote:
I agree with Kristina and Jon.
Thanks, Mike
Mike Rodenbaugh RODENBAUGH LAW tel/fax: +1.415.738.8087 http://rodenbaugh.com
---------- Forwarded message ---------- From: Jon Nevett <jon@donuts.email> Date: Tue, Jun 19, 2018 at 8:52 AM Subject: [Gnso-newgtld-wg] Fwd: Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue To: "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg@icann.org>
I recall and support Kristina's intervention as well. Thx.
Jon
Begin forwarded message:
*From:* "Rosette, Kristina via Gnso-newgtld-wg" <gnso-newgtld-wg@icann.org
*Date:* June 19, 2018 at 8:43:56 AM PDT *To:* "gnso-newgtld-wg@icann.org" <gnso-newgtld-wg@icann.org> *Subject:* *[Gnso-newgtld-wg] Section 1.5.5.c &f - Terms & Conditions - Covenant Not to Sue* *Reply-To:* "Rosette, Kristina" <rosettek@amazon.com>
All,
I’m writing to request changes in Section 1.5.5.c, e and f of the report so that it is consistent with and reflects WT(2) discussions. (Section accessible at https://community.icann.org/display/NGSPP/f.+Report+Drafting?preview=/692728... )
During the 18 January 2018 WT call discussing this issue, I opposed the covenant not to sue – regardless of any appeal mechanism. Based on statements by the WG Co-Chairs (one verbally and one in chat), I understood that the report would reflect that opposition. I also understood based on statements in chat that we would seek public comment on the covenant not to sue – independent of any appeals mechanism – in the Initial Report. Moreover, the discussion was clear that, for even those WT members who supported an appeals mechanism, that support is dependent on the efficacy of the appeals mechanism. The current draft of the report doesn’t reflect either of these points (c and f), and doesn’t seek public comment on either of them, either (e). I believe these inadvertent omissions need to be corrected.
I apologize for the timing of this request, but didn’t realize until yesterday’s meeting that the text I was looking for was in Section 1.5 (and not Section 1.8)
Kristina
Kristina Rosette
Senior Corporate Counsel, IP – Domains
rosettek@amazon.com | 703.407.1354
_______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
_______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
_______________________________________________ Gnso-newgtld-wg mailing list Gnso-newgtld-wg@icann.org https://mm.icann.org/mailman/listinfo/gnso-newgtld-wg
participants (4)
-
Jon Nevett -
Michael Flemming -
Mike Rodenbaugh -
Rosette, Kristina