Re: [wg-b] FORMAL BALLOT No. 1

[Milton Mueller <mueller@syr.edu>]

Mark:
I think you may not understand what Michael is trying to do here, or what needs to be done. Those of
us who have participated in DNSO workgroups have learned very quickly that there are sharp divisions
around some very complex issues. The only way to make progress is to break problems up into simpler
binary choices of the sort Michael was proposing. That allows us to move some of the complexity off
the table and then proceed.

Thus, the phrase "yet to be determined" in option A is, admittedly, weasel-wording, but it can
attract support from *both* people who may believe that the hard-core WIPO proposals should be
adopted in toto, and others who may not like them but believe something should be done, and a range
of other positions. If it turns out that Option A really does command a large consensus among this
working group, then we can debate and discuss your more specific options later.

Mark R Measday wrote:

> Michael,
>
> Either you are being mischievious or disingenuous with the binary logic of your
> questions. They do not cover the full range of possibilities equally or fairly.
> Suppose an IP-holder and famous mark wished to have the WIPO suggestions grosso
> modo implemented by ICANN. (This is not a far-fetched possibility for non-US
> famous marks). This is not A, as the process is by and large determined, this is
> not B, unless you understand WIPO to be implemented law, C or D. I feel you
> should include another option which recognises that it is ICANN's role to work
> with other responsible institutions to effect a reasonably compromised solution
> taking account of existing conventions such as TRIPS and Paris, but extending
> them to the new IP areas. It is not an either/or in a multilateral problem.
>
> I hoipe I am not being too ingenuous.
>
> MM
>
> "Michael D. Palage" wrote:
>
> > Voting is scheduled to end on Monday midnight EST.
> > Please do _not_ edit the ballot beyond indicating your choice with an X in
> > between the appropriate brackets "[]".
> > QUESTION #1
> > [Please identify the constituency group, if any, that you are representing]
> > [] ccTLD Constituency
> > [] gTLD Constituency
> > [] Registrars Constituency
> > [] Intellectual Property Constituency
> > [] Commercial and Business Entities Constituency
> > [] ISPs and Connectivity Providers
> > [] Non-commercial Domain Name Holder Constituency
> > [] I do not represent any Domain Name Supporting Organization, I am
> > participating in an individual capacity
> >
> > QUESTION #2
> > [Please identify your region of citizenship (not residence)]
> > [] North America
> > [] Asia/Australia/Pacific
> > [] Europe
> > [] Latin and S. America
> > [] Latin America/Caribbean Islands
> > [] Africa
> >
> > QUESTION #3
> > [Please select ONE of the options listed below]
> > [] Option A - Some type of mechanism, yet to be determined, is necessary in
> > connection with famous trademarks and the operation of the Domain Name
> > System.
> > [] Option B - ICANN should not implement any mechanism for the protection of
> > famous marks, because other mechanisms are adequate
> > [] Option C - ICANN should not implement any mechanism for the protection of
> > famous marks, because it exceeds the scope of ICANN's authority
> > [] Option D - Both Option B & C
> > [] Option E - I choose to abstain from the voting process at this time
> >
> > COMMENTS IN CONNECTION WITH QUESTION #3:
> > (Comments should be limited to 1 or 2 paragraphs)
> >
> > END OF BALLOT
>
>   -----------------------------------------------------------------
>
>   Mark Measday <measday@josmarian.ch>
>   Director
>   Josmarian SA
>
>   Mark Measday
>   Director                                                               <measday@josmarian.ch>
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