Dear Baudouin, One of the drafters of the Joint Statement is French. Let me talk to him and see if he will translate. Tx for distributing! Kathy > Kathy, > > thanks to share this draft. It's very important and I wish if possible > to have a french version allowing me to share it among different plat > form and network in DR Congo and Central Africa by national and sub > regional mailing list. > I tried to do a substantial translation but I have fear to go > out understanding content. > congratulations for this work. > > Baudouin > > 2009/6/23 Kathy Kleiman <[log in to unmask] > <mailto:[log in to unmask]>> > > Hi All, > For discussion purposes a little later in our meeting today, here > is a DRAFT Joint Statement on the IRT Report between NCUC and ALAC. > It would be very nice if, at the Board Public Forum on Thursday, > we could go up together with ALAC to make a strong joint statement. > That would make the Board wake up! :-) > > Best, > Kathy > (below in text and attached in Word) > > DRAFT > > Joint Statement on the DIRT Report > > From ALAC and NCUC > > > > > > The At-Large Community, ALAC and the Non-Commercial Users > Constituency of ICANN strongly support the creation of new gTLDs. > Having said that, the process to move forward with changes to the > DAG Guidebook requires the legitimacy of full community > participation and full transparency. > > In the case of the IRT Report, we had neither transparency nor > openness. The IRT Report and its recommendations harm the > interests of domain name Registrants and Internet end users, and > consequently we must object to the vast bulk of its recommendations. > > > To be more specific: > > 1. The Globally Protected Marks List – the GPML database- is a > matter well beyond ICANN's scope and its core competence. It > presumes to be able to resolve an issue that even WIPO wrestles > with. Clearly the creation of the GPML, if even possible, would > cause enormous complexity. Instead of speeding up the process of > creating new gTLDs, it would introduce delays that would last for > years. But the creation of this list must take place outside of ICANN. > > 2. The GPML takes no consideration of the actual limits of rights > and protections allowed to trademarks. In the real world, > trademark owners apply for a trademark in a specific class of > goods and services, and their use is bound to that class or > classes. By protecting a string of letters in all new gTLDs, the > GPML would extend trademarks into new gTLDs far beyond the bounds > of their class of goods and services, far beyond existing national > laws and internationatreaties. > > > 3. We have enormous problems with the Uniform Suspension Service > (URS). The URS mechanism subverts conventional UDRP practice as it > gives entirely insufficient time for notice to the registrant of > the pending dispute. Thus, the registrant is unfairly limited in > his/her right of response and the process is missing the > fundamental principle of due process. > > > [ Kathy Note: This paragraph below seems to be somewhat > controversial within ALAC. I think we will be dropping it. Don't > worry, we'll include the statement in our comments -- if you all > agree] > 4. ALAC and NCUC strongly object to the Thick Whois Registry. In > mandating such, the IRT Committee did not address any of the > privacy issues that arise from moving personal data from many > countries with data protection laws, perhaps, to a single country > without data protection. Does ICANN really want to be in a > position in which it may be violating national laws? > > > Overall, we wish the result were different. We wish the IRT had > delivered a reasonable proposal for the protection of trademarks. > But the product delivered is far outside the scope and core > competence of ICANN, and outside the bounds of trademark law. > > We can do better; we must do better before we move forward. > > Consequently, NCUC and ALAC stand before this forum together in > fundamental opposition to many of the IRT Results. > > > > > > Signed [for sharing a written cop y of a floor statement with the > Board] > > > > ALAC > NCUC > > > > __________________ > __________________ > > __________________ > __________________ > > > > > > > > -- > SCHOMBE BAUDOUIN > COORDONNATEUR NATIONAL REPRONTIC > COORDONNATEUR SOUS REGIONAL ACSIS/AFRIQUE CENTRALE > MEMBRE FACILITATEUR GAID AFRIQUE > téléphone fixe: +243 1510 34 91 > Téléphone mobile:+243998983491/+243999334571 > email:[log in to unmask] <mailto:[log in to unmask]> > http://akimambo.unblog.fr > http://educticafrique.ning.com/