Dear all,

Please find attached an updated document of the questions being discussed by the Sub Team concerning Additional Marketplace RPMs. Staff has retained the edits made following the 11 August call (to Questions 2, 3 and 4) while adding new edits based on the last call of 18 August (i.e. Questions 6 & 7 – we have highlighted in yellow what the Sub Team’s discussion items are). You will see also that we have suggested some language for the Sub Team to consider and edit, based on the action items from the call as listed below.

Action items:

For Question 6:

• Sub Team to consider whether to retain original question, delete it or revise it to limit its scope strictly to any data collection that may be needed
• If a revision is preferred, Sub Team to propose, edit and finalize language for the rephrased question

For Question 7:

• Sub Team to consider suggestion to rephrase question as a broader topic (as shown in edited version, attached, based on language suggested on the call by Greg Shatan)
• Sub Team to consider whether to delete references to “trademark holder” (currently square bracketed in the document)
• If Sub Team wishes to retain a reference to “proprietary data” (whether sent to or received from the TMCH), Sub Team to consider proposing a definition. Two suggestions received so far, on the call:

• "data that are kept confidential as between the TM holder and the TMCH Provider(s)" (from Rebecca Tushnet)
• "data which is proprietary to a TM holder" (from Greg Shatan)

For Question 8:

• Sub Team to consider whether this is an appropriate question to ask, or if there is any data gathering component within it that should be rephrased to limit the question to information gathering only

The recording, transcripts and notes from the call will all be posted to the Sub Team wiki space on the Working Group wiki.

Thanks and cheers

Mary