Hi Nuno, ????? I'm not sure I understand completely the meaning of your two messages... Thanks for clarifying if you have time.... Alain On Tue, Nov 15, 2011 at 6:27 PM, Nuno Garcia <[log in to unmask]> wrote: > Hi all. > > I think we had agreed on that not-for-profit is different of > non-commercial. > > I see no reason why NPOC could not support a Chamber of Commerce > application - this clearly falls within the scope of "non-profit" > organization. And the same to workers unions, large cooperative > organizations, foundations, political parties and so on. I recall that some > private foundations have larger budgets than some countries. > > And with this thought I go and try to find more info on NPOC because now I > am a bit worried... > > Best, > > Nuno Garcia > > > On 15 November 2011 22:55, Alain Berranger <[log in to unmask]>wrote: > >> Greetings Nicolas, >> >> I generally buy the Chambers of Commerce arguments... NPOC is not >> submitting any Chamber of Commerce membership application... for the USOC >> case please refer to the stream of emails and we can exchange further, if >> you wish. >> >> Generally I think Avri's criteria of assessing what are the main >> activities of an organization applying for membership is excellent. So in >> reference to the London games, NPOC would support an application by the UK >> Olympic Committee but not by the London olympic games organizing committee >> (See the distinction in Kelly's email response to Avri). >> >> Best >> >> Alain >> >> >> On Tue, Nov 15, 2011 at 5:08 PM, Nicolas Adam <[log in to unmask]>wrote: >> >>> catching up on a lot of discussion folks. This debate may be more >>> advance now than I am aware of. >>> >>> Alain, >>> >>> Don't make this about "being" or "not being" a *non-profit*. It is about >>> being or not being *non-commercial*. Non-profit and non-commercial are >>> objectivaly distinctive. one of the distinction we chose to make was about >>> the commercial status of the org members themselves, which is a very >>> objective way to discriminate. >>> >>> Tell me straight please, would you have wanted to draft rules that would >>> have enabled Chambers of Commerce to apply for and receive NCSG membership? >>> This is a trust-building or trust-breaking question as far as i'm concern. >>> And a fundamental one at that. >>> >>> Also, why isn't the org in question interested in joining the CSG? >>> >>> Nicolas >>> >>> >>> On 14/11/2011 2:27 PM, Alain Berranger wrote: >>> >>> Thanks Kelly for putting evidence of USOC's not-for-profit status >>> squarely on the table. It is now hoped that the NCSG-Executive Committee >>> opponents to USOC's membership will change their minds and rally to the >>> NPOC-Executive Committee's recommendation. Kudos to Avri for her mature and >>> transparent attitude! >>> >>> I sincerely hope future discussions about pending and new NPOC members >>> will be based solely on evidence, ie. facts verifiable by an independant >>> and uninterested third party. Let it be clear, once again, that the NPOC >>> Constituency will accept only non-commercial members, thus facilitating the >>> work of the NCSG-Executive Committee on admission to the Stakeholders' >>> Group. >>> >>> Best, Alain >>> >>> On Mon, Nov 14, 2011 at 12:07 PM, Kelly Maser <[log in to unmask]>wrote: >>> >>>> Thank you to Alain for speaking up to discuss why the U.S. Olympic >>>> Committee is truly a non-profit entity. The USOC and its predecessor >>>> organizations have been responsible for overseeing amateur sports in this >>>> country, not just at the elite level but also encouraging sports, healthy >>>> lifestyles, competition and fair play at the grassroots levels as well. >>>> The USOC has many member organizations, some of which are community-based >>>> organizations such as the YMCA or Boys and Girls Clubs of America, the >>>> Girl Scouts, etc. But the primary members are the National Governing >>>> Bodies ("NGBs") for the individual sports (*e.g., *USA Track & Field, >>>> USA Swimming, U.S. Ski and Snowboard Association, U.S. Figure Skating, U.S. >>>> Tennis Association). The majority of the USOC's budget goes to support >>>> athletes, either through direct grants or through funding the NGBs. The >>>> USOC also provides support to the NGBs (and their athletes) in terms of >>>> governance support, coaching assistance, sports medicine, sports psychology >>>> and the like. The USOC also operates three U.S. Olympic Training Centers >>>> where thousands of athletes train each year. Here are a few statistics for >>>> you: >>>> >>>> >>>> >>>> For example, from 2002-2010, these fees were used to assist the USOC >>>> in: >>>> >>>> (a) annually hosting approximately 25,000 athletes, coaches, >>>> officials and program staff for the National Governing Bodies ("NGBs") for >>>> the individual Olympic sports at its three Olympic training centers >>>> (located in Chula Vista, California, Colorado Springs, Colorado and Lake >>>> Placid, New York) and at its U.S. Olympic Education Center in Marquette, >>>> Michigan, at a cost of $360 million over that >>>> period; >>>> >>>> (b) providing support to and sending elite U.S. athletes and >>>> teams to national and international competitions, most notably the Olympic >>>> Games, at a cost of $80 million; >>>> >>>> (c) working with local communities and 19 different NGBs on >>>> behalf of the Community Olympic Development Programs in Atlanta, Georgia; >>>> Chicago, Illinois; Springfield, Missouri; Moorestown, New Jersey; San >>>> Antonio, Texas; Verona, Wisconsin; and Park City and Kearns, Utah; >>>> >>>> >>>> (d) directing over $160 million in grants and services to >>>> athletes, including monetary stipends, health services and benefits, >>>> educational grants, and more; >>>> >>>> (e) providing additional support to 47 different National >>>> Governing Bodies in the form of NGB Programs and Services including sport >>>> performance, coaching assistance, sports medicine, sports science and >>>> organizational support, at a cost of $235 million; and >>>> >>>> (f) funding the USOC's many other statutory functions. >>>> >>>> Please let me know if there are other questions that I could help >>>> answer. >>>> >>>> >>>> >>>> Sincerely, >>>> >>>> Kelly** >>>> >>>> * * >>>> >>>> *Kelly Maser **| Associate General Counsel|** **United States Olympic >>>> Committee** **|** **Office**: 719.866.4115 |** **Cell**: 719.330.0266| >>>> ** **Fax**: 719.866.4839 | [log in to unmask]** |** **www.teamusa.org >>>> * >>>> >>>> >>>> >>>> *From:* [log in to unmask] [mailto:[log in to unmask]] >>>> *On Behalf Of *Alain Berranger >>>> *Sent:* Saturday, November 12, 2011 3:09 PM >>>> *To:* Avri Doria >>>> *Cc:* [log in to unmask]; [log in to unmask] >>>> *Subject:* [npoc-voice] Re: [NCSG-Discuss] Notes from NCSG-EC >>>> Teleconference on 8 November 2011 >>>> >>>> >>>> >>>> Thks Avri, >>>> >>>> >>>> >>>> I have no appetite for minority appeal that I cannot hope to win under >>>> current membership mindset, sense of entitlement, grand-fathering, numbers >>>> and distribution... but NPOC colleagues may decide differently. >>>> >>>> >>>> >>>> I think we need in general to follow evidence-based membership criteria >>>> and follow the same criteria for all. So my 4 arguments remain as far as I >>>> am concerned and can be verified by evidence (facts) not opinion, hearsay, >>>> bias, etc... >>>> >>>> >>>> >>>> Different strokes for different folks? For instance, how can we have >>>> NCUC/NCSG individual members working for a law firm or a telecom company? >>>> but we do. The NPOC membership is clear: all are not-for-profit and only >>>> play one side of the street. >>>> >>>> >>>> >>>> To the risk of repeating myself, national olympic committees are >>>> not-for-profits working year in and year out for athletes and not to be >>>> confused with the games organizing committees which are for profit (or at >>>> least not for loss) once in a blue moon when the country is awarded the >>>> games... >>>> >>>> >>>> >>>> For instance re London 2012: one needs to distingush between the games >>>> organizers - http://www.london2012.*com*/ <http://www.london2012.com/> which >>>> is for profit and get sponsors to support the 2012 games and the UK Olympic >>>> committee which every year supports UK athletes and get sponsors to support >>>> athletes- http://www.olympics.*org*.uk/ <http://www.olympics.org.uk/> >>>> >>>> Alain >>>> >>>> On Sat, Nov 12, 2011 at 3:42 PM, Avri Doria <[log in to unmask]> wrote: >>>> >>>> Hi, >>>> >>>> Assuming there are 14 members who agree with your position, the charter >>>> has provision for an appeal process that includes the possibility of taking >>>> it to a full membership vote if the difference of opinion cannot be >>>> resolved. >>>> >>>> > 1. Any decision of the NCSG-EC can be appealed by requesting a full >>>> vote of the NCSG membership. There are several ways in which an appeal can >>>> be initiated: >>>> > >>>> > · If 15 NCSG members, consisting of both organizational and >>>> individual members, request such an appeal the NCSG Executive Committee >>>> will first take the appeal under consideration. >>>> > >>>> > · If, after consideration of any documentation provided by those >>>> making the appeal, the NCSG-EC does not reverse its decision, the NCSG-EC >>>> and those making the appeal should attempt to negotiate a mutually >>>> agreeable solution. >>>> > >>>> > · If the NCSG-EC and those making the appeal cannot reach a >>>> mutually acceptable agreement on the decision within 30 days, then an NCSG >>>> vote will be scheduled as soon as practicable. >>>> > >>>> > · For this type of appeal to succeed 60% of all of the NCSG >>>> members must approve of the appeal in a full membership vote as defined in >>>> section 4.0. >>>> >>>> >>>> Some comments below. >>>> >>>> >>>> On 12 Nov 2011, at 15:16, Alain Berranger wrote: >>>> >>>> > Dear Colleagues, >>>> > >>>> > I want to state I disagree with the decision to exclude the USOC. For >>>> 4 reasons: >>>> > >>>> > 1) Its vision: to enable America's athletes to realize their Olympic >>>> and Paralympic dreams. >>>> >>>> That is its vision, but it is debatable that is main purpose is to >>>> administer commercial licensing agreement. Or at least this seems to be >>>> the resumption of those who voted against their membership. >>>> >>>> The charter indicates: >>>> "3. Is engaged in online activities that are primarily noncommercial, >>>> including, e.g., advocacy, educational, religious, human rights, >>>> charitable, scientific and artistic, and" >>>> >>>> So the question is, what are its primary activities, granting licenses >>>> or supporting athletes. I have certainly heard arguments on both sides of >>>> this issue, and personally think it is a toss up. For example, it is well >>>> known that most olympians have to find their own funding in the US. This >>>> varies by country, but in the US, the US Olympic Committee does not support >>>> athletes as far as I have been able to discover. So what do they do beyond >>>> sanction events and licensing? >>>> >>>> >>>> >>>> > 2) its mission: To support U.S. Olympic and Paralympic athletes in >>>> achieving sustained competitive excellence and preserve the Olympic ideals, >>>> and thereby inspire all Americans. >>>> > >>>> > 3) It is a not-for-profit with IRS exemption under 501 c 3 >>>> >>>> As the charter indicates, being not-for-profit is not sufficient. For >>>> example the Chamber of Commerce in not-for-profit and yet obviously not a >>>> non-commercial entity. Specifically: >>>> >>>> "4. In the case of a membership-based organization, the organization >>>> should not only be noncommercial itself, but should have a primarily >>>> noncommercial focus, and the membership should also be primarily composed >>>> of noncommercial members. (E.g., a chamber of commerce, though it may be a >>>> noncommercial organization itself, and might even have some noncommercial >>>> members, is primarily composed of commercial organizations and has a >>>> commercial focus and would not be eligible for membership.)" >>>> >>>> So the question becomes, who are the principles members? I do not know >>>> the answer to this. >>>> >>>> avri >>>> >>>> >>>> > >>>> > 4) fundraising is an activity of all not-for-profits, including >>>> sponsoring, and thus does not make a not-for-profit a commercial >>>> organization. I think you are confusing the USOC per se with the various >>>> olympic games hosting organizations set up for Lake Placid, Los Angeles >>>> games, etc... >>>> > >>>> > Alain >>>> > >>>> > On Thu, Nov 10, 2011 at 6:11 PM, Robin Gross <[log in to unmask]> >>>> wrote: >>>> > The new NCSG Executive Committee held its first tele-conference on >>>> Tuesday and we made great progress, particularly with respect to >>>> establishing a process for handling NCSG membership applications and >>>> dealing with the NPOC applications that had come in since the election. So >>>> below are my notes from the EC meeting's discussion. >>>> > >>>> > Thanks, >>>> > Robin >>>> > >>>> > NCSG-EC Teleconference - 8 Nov. 2011 >>>> > Transcript & mp3 recording: >>>> https://community.icann.org/display/gnsononcomstake/Meetings >>>> > Attendance: Michael Carson, Rafik Dammak, Robin Gross, Milton >>>> Mueller, Klaus Stoll >>>> > NCSG-EC Mtg Discussion Agenda: >>>> > >>>> > - Review of NCSG membership application procedures >>>> > >>>> > - Review of pending NCSG membership applications >>>> > >>>> > - Establishment of NCSG Financial Committee >>>> > >>>> > -------------------------------------------------- >>>> > >>>> > MEETING NOTES: >>>> > >>>> > These 8 orgs were approved for NCSG membership: >>>> > ALSAC / St. Jude >>>> > Australian RedCross Society >>>> > Church of God in Christ >>>> > Goodwill Industries >>>> > International Baccalaureate Organization >>>> > The Association of NGOs, The Gambia (TANGO) >>>> > Water Environment Research Foundation >>>> > YMCA of The Gambia >>>> > >>>> > These 3 orgs were determined ineligible for NCSG membership: >>>> > 1. Kaswesha Community Resource Center >>>> > Reason provided for non-approval: Not the exclusive user of at least >>>> one domain name (a requirement for eligibility under NCSG Charter Section >>>> 2.2.1). >>>> > They were invited to re-apply when they have a noncommercial domain >>>> name. >>>> > >>>> > 2. Civil Society Movement Against Tuberculosis in Sierre Leone >>>> (CISMAT-SL) >>>> > Reason provided for non-approval: Not the exclusive user of at least >>>> one domain name (a requirement for eligibility under NCSG Charter Section >>>> 2.2.1). >>>> > They were invited to re-apply when they have a noncommercial domain >>>> name. >>>> > >>>> > 3. US Olympic Committee: >>>> > Reason provided for non-approval: USOC is substantially a major >>>> sports licensing business and NCSG is devoted to the protection of >>>> noncommercial interests. >>>> > They were invited to join ICANN's Intellectual Property Constituency >>>> as the more appropriate place to protect their interests. >>>> > >>>> > These 7 orgs are undergoing further evaluation: >>>> > Child Protection Alliance >>>> > Information Technology Association of the Gambia >>>> > National Coalition for the Homeless >>>> > National Grange of the Order of Patrons of Husbandry >>>> > Pilots N Paws >>>> > Tranquil Space Foundation >>>> > Young Life >>>> > >>>> > >>>> > ** Attached to this email is a flow chart to explain the agreed >>>> process for handling NCSG Membership Applications going forward. >>>> > >>>> > A few notes on the procedures for handling NCSG Membership >>>> Applications: >>>> > >>>> > Completed NCSG Membership applications should be submitted by the >>>> Applicant to the email address [log in to unmask] for >>>> consideration by the entire NCSG Executive Committee. >>>> > >>>> > NCSG-NCUC Membership application forms are available on the NCSG wiki >>>> (for individuals and for organizations). >>>> > >>>> > Members of the NCSG-EC have 2 weeks to conduct the required due >>>> diligence on the applications (more flexible if a holiday). >>>> > >>>> > Decisions to approve membership applications require the full >>>> consensus of the voting members of the NCSG Executive Committee (NCSG >>>> Charter 2.4.2). >>>> > >>>> > Verification of a named official representative's authority to >>>> represent an organizational applicant should be independently verified by >>>> the EC (NSCG Charter 2.2.4.1). >>>> > >>>> > Aggregate voting / representation is not permitted for organizations. >>>> Each organization must be represented by a different person. No single >>>> person (or group of persons, i.e., a law firm) can represent two or more >>>> organizations in NCSG at the same time. This policy discourages attempts >>>> to game the system through aggregating membership votes. >>>> > >>>> > Organizations with a nonprofit legal structure are nonetheless >>>> ineligible for membership in NCSG if they are substantially a commercial or >>>> business activity and their interests are more appropriately represented in >>>> one of the commercial stakeholder groups (NCSG Charter 2.2.2). >>>> > >>>> > An organization's official representative to NCSG cannot be a GNSO >>>> Council Representative for the Intellectual Property Constituency (or other >>>> officer or member of the IPC or CSG). Outside trademark lawyers are >>>> discouraged as the official representative for an org to NCSG since NCSG is >>>> devoted to protecting noncommercial interests. >>>> > >>>> > ON A SEPARATE ISSUE: >>>> > The EC is in the process of establishing a NCSG Financial Committee >>>> (as per NCSG Charter 2.1. & 2.6.) and is looking for volunteers from among >>>> the NCSG membership - people with fundraising expertise and time to devote >>>> to NCSG fundraising activities and ICANN resource allocations. So please >>>> let an EC member know if you'd like to be considered for membership on the >>>> NCSG Financial Committee. Thank you! >>>> > -------------------- >>>> > >>>> > >>>> > >>>> > >>>> > >>>> > >>>> > IP JUSTICE >>>> > Robin Gross, Executive Director >>>> > 1192 Haight Street, San Francisco, CA 94117 USA >>>> > p: +1-415-553-6261 f: +1-415-462-6451 >>>> > w: http://www.ipjustice.org e: [log in to unmask] >>>> > >>>> > >>>> > >>>> > >>>> > >>>> > >>>> > >>>> > -- >>>> > Alain Berranger, B.Eng, MBA >>>> > Member, Board of Directors, CECI, http://www.ceci.ca >>>> > Executive-in-residence, Schulich School of Business, >>>> www.schulich.yorku.ca >>>> > NA representative, Chasquinet Foundation, www.chasquinet.org >>>> > interim Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/ >>>> > O:+1 514 484 7824; M:+1 514 704 7824 >>>> > Skype: alain.berranger >>>> > >>>> >>>> >>>> >>>> >>>> >>>> -- >>>> Alain Berranger, B.Eng, MBA >>>> >>>> Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/> >>>> >>>> Executive-in-residence, Schulich School of Business, >>>> www.schulich.yorku.ca >>>> >>>> NA representative, Chasquinet Foundation, www.chasquinet.org >>>> interim Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/ >>>> O:+1 514 484 7824 <%2B1%20514%20484%207824>; M:+1 514 704 7824<%2B1%20514%20704%207824> >>>> Skype: alain.berranger >>>> >>>> >>>> >>> >>> >>> >>> -- >>> Alain Berranger, B.Eng, MBA >>> Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/> >>> Executive-in-residence, Schulich School of Business, >>> www.schulich.yorku.ca >>> NA representative, Chasquinet Foundation, www.chasquinet.org >>> interim Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/ >>> O:+1 514 484 7824; M:+1 514 704 7824 >>> Skype: alain.berranger >>> >>> >> >> >> -- >> Alain Berranger, B.Eng, MBA >> Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/> >> Executive-in-residence, Schulich School of Business, >> www.schulich.yorku.ca >> NA representative, Chasquinet Foundation, www.chasquinet.org >> interim Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/ >> O:+1 514 484 7824; M:+1 514 704 7824 >> Skype: alain.berranger >> >> > -- Alain Berranger, B.Eng, MBA Member, Board of Directors, CECI, http://www.ceci.ca<http://www.ceci.ca/en/about-ceci/team/board-of-directors/> Executive-in-residence, Schulich School of Business, www.schulich.yorku.ca NA representative, Chasquinet Foundation, www.chasquinet.org interim Vice Chair, NPOC, NCSG, ICANN, http://npoc.org/ O:+1 514 484 7824; M:+1 514 704 7824 Skype: alain.berranger