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Subject:
From:
Carlos Raul Gutierrez <[log in to unmask]>
Reply To:
Carlos Raul Gutierrez <[log in to unmask]>
Date:
Thu, 25 Dec 2014 12:52:36 -0600
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Enviado desde mi iPad

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El 25/12/2014, a las 11:57, Milton L Mueller <[log in to unmask]> escribió:

>> -----Original Message-----
>> It is worth noting again that many of the 'Public Interest Commitments' made
>> by new gTLD operators contain clauses and commitments that are probably
>> not in the public interest at all, and that go against consensus policy
>> recommendations. A case in point is many of them bring in the idea of a
>> globally protected trade mark list, which was explicitly rejected as policy, and
>> protects the interests of IP maximalist trade mark owners more than the
>> public.
> 
> A great example of what I am talking about. In a regulatory agency with a public interest mandate, the term "public interest" is defined by political negotiation and contention among the powerful interests engaged, not by some objective conception of what is really in the public interest. 
> 
> And so we have the GAC threatening to kill TLD applications, and the registries trying to save their proposals by negotiating "public interest commitments". We are not really debating whether these PICs actually improve the lot of the general public, we are just engaged in a political bargain between the registries and the GAC. The GAC has already succeeded in appropriating the term. In this case, I would actually strongly support challenging their use of the term.

........by the GAC or any of the parties in a dispute. I would tend to agree with you if we add this last part to your sentence. But still it may be useful at a higher independent Instance trying to solve a dispute.


> So here is a case in which it would be a good idea to challenge the prevailing use of the term. What I don't want to see, however, is acceptance of the idea that ICANN's mandate is a generalized "public interest." That just opens the door for GAC or anyone to makes these kinds of demands. 

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