Since I am running late I will insert my comments to the notes here (in Gnso-rds-pdp-4)

Sam
On 11/6/2017 11:05 AM, Lisa Phifer wrote:

All, below please find notes and action items from our final DT4 call today.

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1) Reactions to ICANN60 feedback on RDS purposes overall
2) Resolution of specific comments on this purpose:

    a) Is merchantability about reputation more than ownership of the domain name prior to possible purchase?

SL-comment. A robust definition of the term is "reasonably fit for the ordinary purposes for which such products are manufactured and sold". I would argue that it is only about ownership and that "reputation" is up to the due diligence of the buyer. The only exception would/should be when the seller engages in overt lies about the history of the domain name.

Extend example of home purchase with domain name example - e.g., reputation of prior owner/prior use. Make home purchase sub-bullet. Add new sub-bullet re: importance of reputation of previous registrant/use, after domain name data has been updated by broker during sale. SL-Question: Is there a complication here? For a house, prior use as a marijuana opp, or an Airbnb, may be a required disclosure, like the sale of flood vehicles, but most prior uses do nor require disclosure 

   b) Should third party buyer be potential registrant no, because there are many scenarios where the party making contact for purchase will not end up being the registrant

Buyer is broader category; irrelevant to call the buyer the potential registrant. That might be too limiting later. eg. broker, proxy, etc
SL-agree: for reasons stated.
   c) Why is trademark infringement part of this purpose? Perhaps narrow text to indicate this is for cases in which the situation is resolved through purchasing the domain name SL-change: I agree with this "Why...?" question. Might it be better to replace ther "i.e." (which suggests purpose) with "e.g." which just suggests example.

Delete "If legal action is required (i.e., in cases of trademark infringement)" from Data - Registrant's Country. The country provides jurisdictional context for local laws and procedures that may apply throughout the purchase transaction. SL-agree

3) Edits to address action item (see a-d above)

   a) Single-sentence summary of this purpose (insert below Purpose Name in template):

Information collected to enable contact between the registrant and third party buyer to assist registrant in proving and exercising property interest in the domain name and third party buyer in confirming the registrant's property interest and related merchantability

   b) Are the tasks/users identified by your team so diverse and distinct that they may be more than one purpose? If so, split them up and describe each purpose separately

This purpose does not need to be split apart; the purpose applies to purchase/sale of any domain name.

   c) Which purposes covered by other teams are closely related to or overlap the purpose(s) covered by your team?

There are legal actions that may result in buying the domain name, but this is distinct enough that it shouldn't be conflated. Domain name control may come into play after a sale to effectuate a transfer but is not the sale itself.

   d) Is there any data collected specifically for the stated purpose? Or does that purpose use only data collected for other purposes?

       - Delete legal contact from list - more relevant to other purposes. SL-Agree:
       - Team discussed and agreed that all remaining data listed for this purpose is potentially used by other purposes as well.SL-Agree

4) Plan to complete drafting team's work:

Action: Erica to apply final edits by Wednesday 8 Nov and send to DT4 mailing list
Action: All DT4 members to review and finalize output on Thursday 9 Nov
Action: Lisa to submit final output to WG no later than Friday 10 Nov
Action: Fabricio to present to WG on Tuesday 14 Nov call
             Benjamin will also be on call but with limited audio

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