I completelly agree with Evan, the IRT is full of IP lawyers and them not necesarily represent the user interests. I have saying for long time, the IP and trademarks have nothing to do with Domain Names, this is very clear and is unanimously recognized by all people around the world. In this order, I proposed, and we (ALAC) made a statement in Paris, or at least we talked about this, ICANN Board would make a resolution where it say: UDRP are "out", or something like this. With this we eliminate conflicts between trademarks and Domain Names. The registrant of any domain name if was the first is the domain name owner, and no more. Sounds easy, and is in reality very easy. Who is the complainant in a URDP process, only big companies or enterprises with commercial interests, not the end users. So, if this companies with enormous budgets have no the intelligence to register the domain name or verify this previously to register their trademark, I'm sorry . Is not a problem of end users who registered the domain name prior than this. With this we will eliminate not only the conflicts, a lot of many US dollars in lawyers fees also. Obviously This possition will be attacked by IP lawyers, but if this possition would be taken the situation and budget of end users will be better because will not necessary to fight in order to retain his domain name acquired in legal form and first in the time. My possition is based in the idea that the enterprises have in relation with end users, a big asimetry information, economic and juridic , what give in their favor (commercial interests) more probabilities to achieve possitive results. Surely my possition would be improved, with more discussion, effort and time. this is that I think from long time ago sorry to be late in my comments, but it seems to me very important to have this in our account. Carlos Dionisio Aguirreabogado - Sarmiento 71 - 4to. 18 Cordoba - Argentina - *54-351-424-2123 / 423-5423 www.derechoytecnologia.com.ar http://ar.ageiadensi.org

Date: Wed, 29 Apr 2009 09:24:31 -0400 From: evan@telly.org To: staff@atlarge.icann.org CC: gtld-wg@atlarge-lists.icann.org Subject: Re: [GTLD-WG] IRT Report Draft Now Available

I recall that there were a number of people from within the At-Large community who put their names forward to participate on the IRT but were denied. The IRT is full of IP lawyers but very thin on names of anyone (that I recognize, at least) emphasizing the public protection -- as opposed to the business protection -- side of trademark enforcement.

This gTLD committee (whose work, I would note, was unanimously endorsed by ALAC without modification) was quite clear in its concerns about hijacking of gTLD-related IP issues by those whose primary concern was not consumer protection.

I question the transparency of the process that created the IRT, and I challenge its legitimacy as a group engaged in protecting the interests of all ICANN stakeholders.

I have some comments to make on Patrick's first draft but I won't be able to get around to them until the weekend.

- Evan

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