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Re: [wg-b] Final Report

I agree with Milton that it is quite unfair to suggest there is *any*
support for the IPC proposal in the NCDNHC.  Jamie

On Mon, 15 May 2000, Milton Mueller wrote:

> ----- Original Message -----
> From: "Michael D. Palage" <mpalage@infonetworks.com>
> > Listed below is the Final Report that I submitted to the Names Counsel.
> I am not sure why the past tense is being used here.
> Why not pass the report through the list for comment before submitting it?
> The report contains at least one inaccuracy that could have been easily
> corrected with the circulation of one draft version to the WG list.
> To wit:
> > The current Sunrise proposal being advanced by
> > the Intellectual Property Constituency (IPC) and a significant portion of
> > the Registrar Constituency does not require the creation of such a list.
> > This position appears to coincide with the Non-Commercial Constituency
> that
> > has vehemently opposed the creation of such a list.
> This is misleading. The preponderance of opinion in the non-commercial
> constituency is against BOTH a list AND sunrise plus anything. Your
> statement implies that the constituency supports sunrise. It most
> emphatically does not. If, as I suspect, this implication arises only from
> bad phrasing, it could be easily corrected.
> > (3) The protection afforded to trademark owners should depend upon the
> type
> > of top-level domains that are added to the root.
> >
> > Comments:  This consensus item is based upon the recognition in the
> > Registrar and IPC proposals that this mechanism is probably not suitable
> for
> > every new top-level domain, especial certain non-commercial domains.
> > However, this consensus item is conditioned on many tangential issues,
> i.e.
> > the scope of chartered gTLDs, the enforcement mechanism for charter, etc.
> > Defining the procedures for classifying what constitutes a non-commercial
> > top-level domain, is better left to another group. However, nothing in the
> > consensus item should be construed as creating immunity from the UDRP or
> > other legal proceeding should a domain name registrant in a charted
> > top-level domain violate the charter or other legal enforceable rights.
> A typo:
> "...legally enforceable rights."
> > Conclusion
> >
> > I regret to inform the Names Counsel that there does not appear to be
> > consensus among the Working Group B participants as to the type of
> mechanism
> > that should be incorporated into the rollout of new top-level domains.
> > However, I encourage the Names Counsel Representatives to review the
> > proposals contained in my April 17, 2000 formal report.
> Grrrrrr...
> It's not nice to use one's position as chair to privilege one,s own
> opinions.

James Love, Consumer Project on Technology    
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