Yes Sent by notsosmart fone On Mar 26, 2013, at 6:11 PM, Brenden Kuerbis <[log in to unmask]> wrote: > 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----- >