Happy to help with this as well. -- Brenden On Tue, Mar 26, 2013 at 5:54 PM, joy <[log in to unmask]> wrote: > -----BEGIN PGP SIGNED MESSAGE----- > Hash: SHA1 > > +1 - I am happy to support this idea. > Joy > > On 27/03/2013 9:47 a.m., William Drake wrote: > > +1 > > > > Get some allies > > > > On Mar 26, 2013, at 8:28 PM, [log in to unmask] > > <mailto:[log in to unmask]> wrote: > > > >> I agree that the Council would be the appropriate filer in this > >> case. As I mentioned in a different message, there seems to be a > >> pattern that decisions are being made outside the GNSO policy > >> processes - although that may be proven to not be the case in > >> one or more of the instances we've discussed on this list. In > >> any event I think it would be useful and appropriate for the > >> Council to discuss this directly, and hope our Councilors can > >> support this action. It seems to me also that before introducing > >> the motion it may be worth investigating whether a Councilor from > >> a different SG/House would be prepared to second it. > >> > >> Cheers Mary > >> > >> > >> Mary W S Wong Professor of Law Faculty Chair, Global IP > >> Partnerships Chair, Graduate IP Programs UNIVERSITY OF NEW > >> HAMPSHIRE SCHOOL OF LAW Two White Street Concord, NH 03301 USA > >> Email: [log in to unmask] <mailto:[log in to unmask]> > >> Phone: 1-603-513-5143 Webpage: > >> http://www.law.unh.edu/marywong/index.php > >> > >> > >>>>> > >> *From: * Avri Doria <[log in to unmask] <mailto:[log in to unmask]>> *To:* > >> <[log in to unmask] > >> <mailto:[log in to unmask]>> *Date: * 3/26/2013 3:23 > >> PM *Subject: * Re: [NCSG-Discuss] Should NCSG consider filing > >> an ombudsman complaint against ICANN senior staff for violating > >> the organization's policy development process? > >> > >> Hi > >> > >> I can support the NCSG filling such a complaint, though it would > >> be better for the GNSO Council to file it. > >> > >> Perhaps we can first introduce it as a motion for the next > >> g-council meeting, and if the council decides against it, then > >> we could do it independently. > >> > >> avri > >> > >> On 26 Mar 2013, at 15:14, Robin Gross wrote: > >> > >>> I think NCSG should consider filing an ombudsman complaint > >>> against > >> the organization's senior management for violating the > >> organization's policy development process by adopting staff's > >> "strawman solution" which never went through proper process (or > >> any process for that matter). > >>> > >>> The most dangerous part of staff's adopted proposal creates > >> unprecedented new rights for trademark holders with this "once > >> infringed" theory of new rights to TM+50 derivations of that > >> mark. This particular proposal was stitched together by TM > >> lobbyists and staff when NCSG wasn't even in the room - because > >> it was 10pm at night in LA and I had left for my flight on > >> staff's assurances that no policy discussions would take place > >> that evening. ALAC wasn't in the room either (although Evan & > >> Alan participated remotely on the phone in the middle of their > >> night). > >>> > >>> The GNSO Council said don't adopt this policy. > >>> > >>> ICANN staff admitted the proposal was a policy decision and > >>> not an > >> implementation decision - a key distinction in staff's ability > >> to make decisions. [Although the first time staff published its > >> report on the mtg's discussion of that proposal, staff's blog > >> report differed from what the CEO stated to meeting participants > >> and said this proposal had been characterized as an > >> "implementation" decision by mtg participants. It took some > >> persistence and insistence from mtg participants to correct > >> staff's blog post and classify this proposal as "policy" - which > >> was the truth of what the LA mtg participants had said. Finally > >> staff gave-in, as I was not the only one to complain about the > >> inaccurate reporting, and they changed the web-posting to > >> reflect that the group - and staff - had classified this proposal > >> as "policy, and not implementation" at the LA mtg. The CEO > >> apologize for staff's "mistake". I'm sure it's all another > >> coincidence...] > >>> > >>> The CEO told Congress only a few weeks' previously that ICANN > >>> could > >> not adopt such a policy - in part because it creates new rights > >> (and ICANN isn't supposed to creating new rights). > >>> > >>> The above doesn't even go into the underlying substance of the > >> particular (TM+50) proposal (which turns trademark law on its > >> head). How is anyone going to criticize a company or product > >> that was "found to abused" by someone else, somewhere else, in > >> an entirely unrelated circumstance? This proposal actually > >> thumbs its nose at trademark law because trademark law recognizes > >> that "once infringed" does not create some magical new category > >> of rights that is allowed to trample on the expression rights of > >> all the innocent and lawful uses of a word (that resembles a > >> trademark). But I'll save the complaints about how nonsensical > >> the substance of this proposal is for another email. This email > >> is just about the insanity of ICANN senior staff attempting to > >> usurp the bottom-up policy development process to appease > >> powerful political interests. > >>> > >>> If ICANN staff refuses to follow the organization's own stated > >> policies, the Ombudsman is supposed to be able to intercede, no? > >>> > >>> Best, Robin > >>> > >>> > >>> 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 > >>> <http://www.ipjustice.org/> e: > >> [log in to unmask] <mailto:[log in to unmask]> > >>> > >>> > >>> > >> > > > -----BEGIN PGP SIGNATURE----- > Version: GnuPG v1.4.9 (MingW32) > Comment: Using GnuPG with Thunderbird - http://www.enigmail.net/ > > iQEcBAEBAgAGBQJRUhj4AAoJEA9zUGgfM+bq1RcIAL+/1U69GY6VyFvxK1HCDNR1 > YzJZgRDYvNLl2B8f8koyvzutRbEEoGUBsDqyU42ZEoMX9rw/XSGMuC5zKFKTZ6Yp > QL7/OXJNKW24rqUb4SrXf763ilONgSzZdWud41a5yPb7PA/y/N0M0+wZmpntASK+ > ukmWJpV46Qg7C2Z8tk1fY+uLkBM9X6OAPUQaYItr52Yi5rn6YSz2ofPp8xi9B7r6 > oR6qQnXcFvcbGmilZpc/gMoFf8ZhqjfthDnlbWFXkCxFO4npXFky8espPD3rbMvE > Cay+ao9oq7W9J7vF9A7ss+Zw4FjP+7bGHg3QYUS92Kl3y6KOD8j052rC7PLEZU8= > =1KI4 > -----END PGP SIGNATURE----- > >