ianaplan - Wednesday, April 6, 2016

ianaplan

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Wednesday, April 6, 2016< ^ >

Dan York has set the subject to: IANAPLAN at IETF91

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[19:12:16] ted.h joins the room
[19:12:41] ted.h has set the subject to: IANAPLAN at IETF95
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[19:21:05] <ted.h> If you are not in the room and would like your comment forwarded to the room, please preference with MIC:
[19:21:16] <ted.h> We are now on slide 3, "Agenda", asking for agenda bashes.
[19:21:30] <ted.h> Agenda agreed, Andrew Sullivan on IPR next.
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[19:22:31] <ted.h> Leslie:  The IETF contribution to the IANA process was approved a year ago; we are now discussing paths to implementation.  Today's discussion is an elaboration of materials shared on the list.  We are not seeking consensus on particular points today.
[19:22:42] <ted.h> Please hold questions to the end of the preso.
[19:22:50] <ted.h> Slide 2 "What we agreed to"
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[19:23:52] <ted.h> Slide 3 "In the supplemental".  Two issues in process (public domain affirmation and ICANN "smooth transition"  will be part of supplemental agreement.
[19:23:56] <ted.h> Slide 4 "Principles"
[19:24:40] <ted.h> The IETF trust will hold some IPR on behalf of the larger community.  Link on slides to principles doc.
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[19:25:03] <ted.h> "What does it say" slide 5.
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[19:26:29] <ted.h> Slide 6 "Satisfies the need".
[19:26:51] <ted.h> The RIRs agreed that the Trust is a neutral party, and the ICANN community also agreed.
[19:27:09] <ted.h> Pragmatic decision, since a new, parallel org would be needed otherwise.
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[19:27:29] <ted.h> Slide 7, "Do what they're told?"
[19:28:22] <ted.h> Andrew notes that the CCG ("Community Coordination Group"), 3 members each, common advice for common things and specific advice for each community from those members.
[19:28:33] <ted.h> "Small issues to discuss", slide 8
[19:29:19] <ted.h> Can the Trust act unilaterally? The doc says yes.  Trust-vs-community authority (not our normal way of working, but consistent with Trust duties and history).
[19:29:40] <ted.h> Slide 9, "Sometimes move at 'legal time'"
[19:29:52] <ted.h> Control must be set up to prevent surprises
[19:30:01] <ted.h> Notification processes, etc, must be given due time.
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[19:30:35] <ted.h> Some commercially-available arrangement so that nothing happens without IANA-operator consent for n-days.
[19:30:46] <ted.h> Slide 10 "the authority 'problem'"
[19:31:03] <ted.h> Trust has fiduciary duty to protect the trademarks.
[19:31:40] <ted.h> If the community instruction would cause a breach of duty, the trust has to enforce the trademark according to their duty.
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[19:32:09] <ted.h> Slide 11 "Next"
[19:32:19] <ted.h> Any edits to agreed principles?
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[19:32:39] <ted.h> Give principles to lawyers  next week.
[19:32:50] <ted.h> John Levine
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[19:33:03] <ted.h> Basically the draft looks fine to John.  2 1/2 comments.
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[19:33:32] <ted.h> The registrar language looks overspecified; make it slightly less specific to handle issues.
[19:33:53] <ted.h> Andrew:  the language is at the request of the parties.  There are 3 options of companies that can handle things this way.
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[19:34:06] <ted.h> John:  What about incremental costs?
[19:34:29] <ted.h> Andrew:  We don't have agreement on who is to pay on trademark fees etc.
[19:34:46] <ted.h> It may be the trust; ICANN has suggested that they might provide money, but there is no agreement.
[19:35:09] <ted.h> John:  There are no rules for operation of CCG.  Quorum issue, for example?
[19:35:20] <ted.h> I would be happy if it said that it publish its procedures.
[19:35:52] <ted.h> Andrew:  That would be a good idea.  I can't think of anyone in the ICANN community opposed to creating new procedures.
[19:36:13] <ted.h> (Mics in room died)
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[19:36:43] <ted.h> John: my observation is that ICANN is that lawsuits when process is not clear, so clarity would help.
[19:37:16] <ted.h> Russ: I thank everyone involved.  It was a real pain, thank you very much.  I think if you say CCG has to be open and transparent and have public minutes.
[19:37:36] <ted.h> Andrew:  I agree, but take John's point that specifying quorum couldn't hurt.
[19:37:41] <ted.h> Russ: I agree.
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[19:38:12] <ted.h> The meeting ends early.
[19:38:16] <ted.h> Thanks everyone.
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[19:38:36] <Toshio Tachibana_1095> Thank you .
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