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Re: [council] GAC and country name reservations
I think the key point here is that until we have
further definition of the strings in question and proposed rules for determining
who has rights to the relevant strings, then it is difficult to see what would
(and would not) be required to implement the GAC recommendation. Before we
can develop any opinion or consensus on the issue, we need further clarification
on the definition of the strings involved and the proposed rules for determining
who has rights to those strings.
It is up to the GAC whether they wish to pursue
this thru WIPO or not. However, I note that Governments have already
tried this with little success. It is a very difficult issue and, while it
is not surprising that WIPO have failed to find a resolution, I think it is
unreasonable to expect that the DNSO or the BoD should succeed where WIPO and/or
the GAC have failed. I believe we should therefore recommend that the
issued be flicked back to the GAC with a request for clarification on the
proposed method for defining the stringts in question and for determining who
has rights to the strings.
Regards,
erica
----- Original Message -----
Sent: Sunday, October 07, 2001 3:31
AM
Subject: RE: [council] GAC and country
name reservations
Folks, I
respectively disagree that WIPO threw the ball to the GAC. As a multi-national
organization/treaty based, WIPO must be driven by the requests of it's member
nations.
Understanding how this process works
helps:
--members of WIPO (members
being nations) could ask for a fast track work initiative with certain
parameters.
We could facilitate that as
the NC by putting forward such a resolution, and getting our nations who are
members of WIPO to ask WIPO undertake a further work initiative being clear
about the parameters, and issues. That is, we should be careful about crafting
the language of the request.
MC
-----Original
Message-----
From: Erica Roberts
[mailto:erica.roberts@bigpond.com]
Sent: Saturday, October 06, 2001
12:13 AM
To: Antonio Harris; Philip Sheppard; NC
(list)
Subject: Re: [council] GAC and country name
reservations
Thank you for this Tony.
I guess our difficulty is that the GAC is not
proposing any rules or procedures which would clarify exactly what names or
strings they are trying to protect nor are they proposing any rules
for establishing who has rights to what names or strings.
Obviously WIPO felt they could not resolve these issues and it is now up to
the GAC to propose a resolution. So far, they have not done
this.
I therefore suggest we note the GAC communique
expressing concern about the use of geo/policitcal names as domain names and
seek further information about the method for determining which names are
and, just as importantly, are not subject of concern; and the process
the GAC proposes for determining who has the rights to use such names as
domain names. This is a problem that WIPO was unable to resolve and I
have serious doubts that the GAC will be able to do any better than WIPO.
Regards,
erica
----- Original Message -----
Sent: Saturday, October 06, 2001 3:37
AM
Subject: RE: [council] GAC and
country name reservations
Philip,
I would like to add a comment to this discussion,
since WIPO has been mentioned. In the "REPORT
OF THE SECOND WIPO INTERNET DOMAIN
PROCESS", item 288, the following is stated:
"288. It is recommended that the question of the
protection in the gTLDs of country names and
the names of administratively recognized regions
and municipalities be further considered in the
appropriate intergovernmental fora, in particular
with a view to a discussion on the need for new
international rules for the protection of country
names."
Effectively WIPO through the ball to the GAC.
Regards
Tony Harris
----- Mensaje original -----
Enviado: Lunes 24 de Septiembre de
2001 11:56
Asunto: [council] GAC and country
name reservations
In a communiqué made by the Government
Advisory Council at its Montevideo meeting http://www.icann.org/committees/gac/communique-09sep01.htm "the GAC recommends that the names of countries
and distinct economies, particularly those contained in the ISO 3166-1
standard, as applied by ICANN in identifying ccTLDs, should be reserved
by the .info Registry, (or if registered in the Sunrise Period
challenged by the Registry and, if successful, then reserved) in Latin
characters in their official language(s) and in English and assigned to
the corresponding governments and public authorities, at their request,
for use. These names in other IDN character sets should be reserved in
the same way as soon as they become available"
In the same communiqué the GAC further
"draws the attention of ICANN and the Registries to the fact that a
large number of other names, including administrative sub-divisions of
countries and distinct economies as recognised in international fora,
may give rise to contested registrations. Accordingly the GAC recommends
that Registrars and eventual Registrants should be made aware of
this".
---------------------------------------
I believe that the NC should issue a
statement about this and ask you to consult in your constituencies
rapidly. I currently propose that we could consider:
- urging caution on the GAC in taking this
step,
- point out that dot info is but the start
of a TLD expansion and something much more interesting for countries
could be possible
- propose that WIPO is the best place for
discussion on geographical names.
Comments please.
Philip
NC Chair
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