- NA-Discuss - lists.icann.org

ICANN & the theory of contributory liability for trademark infringement
by Danny Younger Sept. 7, 2009

Sept. 7, 2009

I read a recent article entitled "Web hosters ordered to pay $32M for contributing to trademark infringement" (1) that notes a jury award against two hosting companies that knowingly allowed several Web sites they hosted to sell products that infringed Louis Vuitton's copyrights and trademarks. This decision is cited as the first successful application on the Internet of the theory of contributory liability for trademark infringement. Under this theory, companies that know, or should know, that they are enabling illegal activities have an obligation to remedy the situation. This brings me to the topic of registrars and proxy services. It's no secret that some registrars have set up proxy services knowing full well that miscreants often will hide behind such services. At issue then is the nature of a registrar's obligation (and perhaps ICANN's obligation) under law to properly remedy the situation. What are the parameters of that obligation? We are now starting to see this issue play out in other court environments;in the recent lawsuit between TransAmerica and Moniker the following claim has been made: "Plaintiff also alleges that Moniker Online knows or is willfully blind to the fact that its customers are fictitious entities and anonymous individuals engaged in trademark and service mark counterfeiting but, in reckless disregard of that fact, continues to provide registration services to them, to conceal their identities, and to act as their authorized licensee, and/or otherwise in concert with them, in a scheme to “monetize” their counterfeit domain names and profit jointly from the deceptive advertising that appears at these counterfeit websites. The result is a business model that facilitates massive trademark counterfeiting, endangers consumers by concealing the origin and source of financial services advertised and sold on the Internet, and produces a plethora of counterfeit websites.." (2) Without commenting on the specifics of this particular case (IANAL), it does seem to me that as a community we have an obligation to lay out a policy to better govern the proxy registration process. I look forward to your views on the topic. regards, Danny (1) http://www.computerworld.com/s/article/9137385/Web_hosters_ordered_to_pay_3… (2) http://domainnamewire.com/wp-content/transamerica-amended-complaint.pdf

3 2

Re: [NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013
by Alan Greenberg Sept. 4, 2009

Sept. 4, 2009

I missed the vote due to travel, but if I had managed to vote, I would have abstained. The statement included issues that I felt were not relevant to the questions asked. Alan At 04/09/2009 10:40 AM, Beau Brendler wrote: >I voted against it in something of a >bureaucratic protest, in that, when I went in to >read the vote language, I couldn't understand >it. I made this comment in the vote comment >field, and by the time I voted I saw that it was >going to pass. -----Original Message----- >From: >"Thompson, Darlene" <DThompson(a)GOV.NU.CA >Sent: >Sep 4, 2009 10:25 AM >To: >na-discuss(a)atlarge-lists.icann.org >Subject: >[NA-Discuss] FW: [ALAC-Announce] VOTE RESULT: >ALAC Vote on the Advisory on ICANN Meeting >Dates/Geographic Rotation 2011-2013 > >Hi >there, > >I must be the first to admit that I >haven't been following the whole Meeting Dates >thing. I was just wondering, Beau, why you >voted against it? Is this something that our >region needs to be concerned about (like being >missed again)? > >D > >Darlene A. >Thompson >Community Access Program >Administrator >Nunavut Dept. of Education / >N-CAP >P.O. Box 1000, Station 910 >Iqaluit, >NU X0A 0H0 >Phone: (867) 975-5631 >Fax: (867) >975-5610 >E-mail: >dthompson(a)gov.nu.ca > >-----Original >Message----- >From: >alac-announce-bounces(a)atlarge-lists.icann.org >[mailto:alac-announce-bounces@atlarge-lists.icann.org] >On Behalf Of At-Large Staff >Sent: Thursday, >September 03, 2009 4:49 AM >To: >alac-announce(a)atlarge-lists.icann.org >Subject: >[ALAC-Announce] VOTE RESULT: ALAC Vote on the >Advisory on ICANN Meeting Dates/Geographic >Rotation 2011-2013 > >Dear all, > >With 11 out >of 15 ALAC Members having voted in the recent >vote on the >Advisory on ICANN Meeting >Dates/Geographic Rotation 2011-2013, we >can >confirm that the result is >quorate. > >******************** >Motion: Do you >support the ratification of the Advisory on >ICANN Meeting >Dates/Geographic Rotation >2011-2013 for communication to the Board of >ICANN? > >As at Poll close: Wednesday 02 >September 2009 23:59 UTC >Number of voters: 11 >Â· Electorate size: 15 Â· Percentage voted: >73.33 > >Yes: 9 (81.82%) >Jose Ovidio >Salgueiro, Adam Peake, Patrick Vande Walle, >SÃ©bastien Bachollet, >Vanda Scartezini, Cheryl >Langdon-Orr, VC Vivekanadan, Gareth Shearman, >Thu >Hue Nguyen > >No: 1 (9.09%) >Beau >Brendler > >Abstain: 1 (9.09%) >Hawa >Diakite > >******************** >You may verify >the results independently >under: >https://www.bigpulse.com/pollresults?code >=CvDk4wwNR9B6c7u7pTC4 > >When announcing the >results of voting, we have been requested by the >Chair >to provide a listing of those who have >not voted. Accordingly, we can >confirm that the >following ALAC members did not participate in >the >balloting: > >Carlos Aguirre >Mohamed El >Bashir >Alan Greenberg >Fatimata Seye >Sylla > >As per decision of the ALAC during its >August 25th meeting, the Board >Advisory has >already been transmitted to the ICANN Board of >Directors >accompanied by a note indicating that >the ratification was still >pending. > >Regards, > >Nick Ashton-Hart, Heidi >Ullrich, Matthias Langenegger, Gisella >Gruber-White >ICANN At-Large Staff >email: staff >at >atlarge.icann.org > >____________________________ >___________________ >ALAC-Announce mailing >list >ALAC-Announce(a)atlarge-lists.icann.org >http >://atlarge-lists.icann.org/mailman/listinfo/alac-announce_atlarge-lists.icann.org > > >At-Large Official Site: >http://atlarge.icann.org > >------ >NA-Discuss >mailing >list >NA-Discuss(a)atlarge-lists.icann.org >http:// >atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.icann.org > > >Visit the NARALO online at >http://www.naralo.org >------ ------ NA-Discuss >mailing list NA-Discuss(a)atlarge-lists.icann.org >http://atlarge-lists.icann.org/mailman/listinfo/na-discuss_atlarge-lists.ic… >Visit the NARALO online at http://www.naralo.org ------

1 0

FW: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013
by Thompson, Darlene Sept. 4, 2009

Sept. 4, 2009

Hi there, I must be the first to admit that I haven't been following the whole Meeting Dates thing. I was just wondering, Beau, why you voted against it? Is this something that our region needs to be concerned about (like being missed again)? D Darlene A. Thompson Community Access Program Administrator Nunavut Dept. of Education / N-CAP P.O. Box 1000, Station 910 Iqaluit, NU X0A 0H0 Phone: (867) 975-5631 Fax: (867) 975-5610 E-mail: dthompson(a)gov.nu.ca -----Original Message----- From: alac-announce-bounces(a)atlarge-lists.icann.org [mailto:alac-announce-bounces@atlarge-lists.icann.org] On Behalf Of At-Large Staff Sent: Thursday, September 03, 2009 4:49 AM To: alac-announce(a)atlarge-lists.icann.org Subject: [ALAC-Announce] VOTE RESULT: ALAC Vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 Dear all, With 11 out of 15 ALAC Members having voted in the recent vote on the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013, we can confirm that the result is quorate. ******************** Motion: Do you support the ratification of the Advisory on ICANN Meeting Dates/Geographic Rotation 2011-2013 for communication to the Board of ICANN? As at Poll close: Wednesday 02 September 2009 23:59 UTC Number of voters: 11 · Electorate size: 15 · Percentage voted: 73.33 Yes: 9 (81.82%) Jose Ovidio Salgueiro, Adam Peake, Patrick Vande Walle, Sébastien Bachollet, Vanda Scartezini, Cheryl Langdon-Orr, VC Vivekanadan, Gareth Shearman, Thu Hue Nguyen No: 1 (9.09%) Beau Brendler Abstain: 1 (9.09%) Hawa Diakite ******************** You may verify the results independently under: https://www.bigpulse.com/pollresults?code=CvDk4wwNR9B6c7u7pTC4 When announcing the results of voting, we have been requested by the Chair to provide a listing of those who have not voted. Accordingly, we can confirm that the following ALAC members did not participate in the balloting: Carlos Aguirre Mohamed El Bashir Alan Greenberg Fatimata Seye Sylla As per decision of the ALAC during its August 25th meeting, the Board Advisory has already been transmitted to the ICANN Board of Directors accompanied by a note indicating that the ratification was still pending. Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org _______________________________________________ ALAC-Announce mailing list ALAC-Announce(a)atlarge-lists.icann.org http://atlarge-lists.icann.org/mailman/listinfo/alac-announce_atlarge-lists… At-Large Official Site: http://atlarge.icann.org

1 0

VOTE RESULT: NARALO Vote on Recommended North American NomCom Delegate
by At-Large Staff Sept. 1, 2009

Sept. 1, 2009

Dear all, With 11 out of 20 eligible NARALO Members having voted in the recent vote on the NARALO Recommendation for the North American NomCom delegate, we can confirm that the result is quorate. ********************* Recommended NARALO Delegates to the NomCom: Who should NARALO recommend that the ALAC appoint as the NomCom representative from the North American Region, for a term running from the end of the 2009 AGM to the end of the 2010 AGM? As at Poll close: Monday 31 August 2009 10:00 UTC Number of voters: 11 · Electorate size: 20 · Percentage voted: 55.00 Eduardo Diaz: 8 (72.73%) Glenn McKnight: 3 (27.27%) ********************* You may verify the results independently under: https://www.bigpulse.com/pollresults?code=rKD5U4qYsdx9q2xsHvsa ******************** NARALO Members who participated in the vote: John Levine Evan Leibovitch Gareth Shearman Seth Reiss Bev Collins Beau Brendler Glenn McKnight Sylvia Caras Randy Glass Eduardo Diaz Darlene Thompson ****************** NARALO Members who did not participate in the vote: Monique Chartrand Robert Guerra Garth Bruen David Solomonoff Stephen Soucy Ted Ernst Bret Fausett Louis Houle Michael Maranda -- Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org

3 2

NOW OPEN: NARALO Vote on Recommended North American NomCom Delegate
by At-Large Staff Aug. 28, 2009

Aug. 28, 2009

Dear All, Per Evan¹s request we recently started a NARALO vote on the recommended North American NomCom representative. *********** The question to be put will be the following: Who should NARALO recommend that the ALAC appoint as the NomCom representative from the North American Region, for a term running from the end of the 2009 AGM to the end of the 2010 AGM? With possible options: Eduardo Diaz Glenn McKnight *********** The candidate with the most votes will be recommended to that ALAC as preferred regional NomCom delegate. Both candidates have submitted a Statement of interest, which can be found under the following URL: Eduardo Diaz: https://st.icann.org/naralo/index.cgi?eduardo_diaz_2009_nomcom_statement_of_ interest Glenn McKnight: https://st.icann.org/naralo/index.cgi?glenn_mcknight_statement_of_interest All eligible voters will shortly receive a separate email with their voting credentials. In case you are on the list attached below and have not received your voting credentials, please get in contact with staff(a)atlarge.icann.org. The vote remains open until August 30th at 23:59 Hawaii Time. Voting is anonymous. Eligible NARALO voters (total: 20). Please note that the ALS Consumer Reports WebWatch does not currently have a representative. Nineteen ALSes are eligible to vote . One additional vote will go to unaffiliated members. Unaffiliated members who would like to participate in this vote are requested to get in contact with the representative for unaffiliated members, Beau Brendler, regarding their voting intentions. Representative for unaffiliated members: Beau, Brendler, beaubrendler(a)earthlink.net ALSes: America@Large Randy Glass jipshida(a)gmail.com Association for Community Networking (AFCN) North America Michael Maranda mmaranda(a)afcn.org Canadian Association for Open Sorce (CLUE) North America Evan Leibovitch evan(a)telly.org Coalition Against Unsolicited Commercial E-mail(CAUCE North America) John Levine johnl(a)iecc.com Communautique North America Monique Chartrand direction(a)communautique.qc.ca Foundation for Building Sustainable Communities (FBSC) North America Glenn McKnight mcknight.glenn(a)gmail.com ISOC New York North America David Solomonoff president(a)isoc?ny.org ISOC Puerto Rico North America Eduardo Diaz President ediaz(a)prtc.net ISOC Quebec North America Louis Houle louis.houle(a)oricom.ca, Louis.Houle(a)servicesquebec.gouv.qc.ca Knujon North America Garth Bruen gbruen(a)knujon.com N-CAP North America Darlene Thompson dthompson(a)gov.nu.ca Pacific Community Networks Association North America Bev Collins bev(a)pcna.ca People Who North America Sylvia Caras sylvia(a)peoplewho.org Privatera North America Robert Guerra lists(a)privaterra.info Telecommunities Canada North America Gareth Shearman shearman(a)victoria.tc.ca The Alberta Community Network Association North America Stephen Soucy stephen(a)albertacna.ca The Intellectual Property & Technology Section of the Hawaii State Bar Association Seth Reiss seth.reiss(a)lex-ip.com Web405 North America Bret Fausett, bfausett(a)internet.law.pro Youth Helping Youth Inc dba: Emerging Futures Network North America Ted Ernst ted(a)emergingfutures.net, -- Regards, Nick Ashton-Hart, Heidi Ullrich, Matthias Langenegger, Gisella Gruber-White ICANN At-Large Staff email: staff at atlarge.icann.org

5 4

Congratulations to Evan for his reappointment!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Evan Leibovitch for his reappointment as NARALO Chair for 2010! At the close of the nomination period on 23rd August 2009 at 23:59 (Hawaii time zone), Evan was the sole candidate for the Chair position, which resulted in his automatic reappointment. We would like to thank Evan for the work he has done for this community and wish him all the best for his third consecutive term as NARALO Chair! Regards, At-Large Staff

2 1

Congratulations to Darlene Thompson!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Darlene Thompson for her reappointment as NARALO Secretariat for 2010! Darlene, who was nominated for the Secretariat position by Gareth Shearman, was the sole candidate for this position at the close of the nomination period on 23rd August 2009, which resulted in her automatic reappointment. We would like to thank Darlene for all the effort she has put into this community and wish her a successful Third term as NARALO Secretariat! Regards, At-Large Staff

2 1

Congratulations to Gareth Shearman!
by At-Large Staff Aug. 27, 2009

Aug. 27, 2009

Dear All, We would like to congratulate Gareth Shearman for his reappointment as NARALO representative to the ALAC. Gareth, who joined the ALAC earlier this year as a replacement for Robert Guerra, will serve a two-year term ending at the close of the Annual General Meeting in 2011. At the close of the nomination period on 23rd August 2009 at 23:59 (Hawaii time zone), Gareth was the sole candidate for the NARALO ALAC Representative position which resulted in his automatic reappointment. We would like to thank Gareth for his work for the committee and wish him all the best in his role as one of the North-American representatives in the ALAC! Regards, At-Large Staff

2 1

At-Large Guide to gTLDs
by Danny Younger Aug. 27, 2009

Aug. 27, 2009

Once again ICANN Staff is disregarding ALAC member comments. In a note posted to the ALAC list -- see http://atlarge-lists.icann.org/pipermail/alac_atlarge-lists.icann.org/2009/… -- we are once again presented with what used to be Miriam Sapiro's "Guide to Domain Names" that has now been re-branded as the "At-Large Guide to gTLDs". A bevy of original comments in November of 2006 called for this document to include ccTLD materials. Those suggestions, and even those of director Gaetano who asked for a comprehensive guide, (that for ccTLDs will have a complete list of contact information - something like http://www.iana.org/root-whois/index.html) have been totally ignored by Staff. While we can all appreciate the "suggestions" originally put forth by NIck Ashton Hart, namely: 1) decide that a subsequent guide will address ccTLDs, but that this one will only address gTLDs. 2) ensure the name is changed to "A Guide to Generic Top-Level Domain Names" 3) add a preamble noting that the guide focuses only on gTLDs and there are 250 country code tld's and these will be addressed in an upcoming "A Guide to Country Code Top-Level Domain Names" ....these suggestions were never agreed to by any of the folk that discussed the original "Guide to Domain Names". In fact, Vittorio Bertola quite clearly stated: "I would not be happy at all by having the ALAC name on anything that might look like (ICANN-paid) advertising for gTLDs over ccTLDs". In the interest of transparency, perhaps Staff would be good enough to tell us (1) just how much money was expended so far on this work-product of an outside consultant and how much more money they intend to spend on this project; (2) why all members comments pointing to the need to necessarily include ccTLD information within the document were ignored/rejected by ICANN Staff. Speaking for myself, I'm getting more than a little sick of Staff drafting ALAC statements and putting out documents in the name of the ALAC.

5 4

Congratulations from all of us at ISOC Puerto Rico to Gareth, Evan and Darlene in their reappointments
by Eduardo Diaz Aug. 27, 2009

Aug. 27, 2009

-ed -- NOTICE: The information contained in this e-mail message is intended only for the personal and confidential use of the recipient(s) named above. If you have received this communication by error, please notify us immediately by e-mail, and delete the original message.

1 0