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Adobe Connect chat transcript for Wednsday 2 March 2016
Nathalie Peregrine:Dear all, welcome to the IGO-INGO Curative Rights Protection PDP WG Meeting on the 2nd March 2016
Nathalie Peregrine:Rudi Vansick has joined the call
Rudi Vansnick:sorry being late
Nathalie Peregrine:Paul Tattersfield has joined the cal
Paul Tattersfield:sorry for being late
Mary Wong:From what we can tell, the substantive analysis is completed.
Mary Wong:23 pages with footnotes
Nathalie Peregrine:Kathy Kleiman has joined the call
Paul Tattersfield:I was a bit concerned with the definitions for different types of immunity for example state immunity and sovereign immunity are not necessarily synonymous in some jurisdictions. I think perhaps it would be helpful if these could be more closely defined
Rudi Vansnick:question : does sovereignity imply by default immunity in these cases ?
Jay Chapman:agree with Paul & George's re - recommendations/alternatives are beyond the Professor's mandate
George Kirikos:As noted in email yesterday, the IGOs could also waive their immunity IMPLICITLY (not just relying on EXPLICIT WAIVER).
George Kirikos:World Bank had some language (that I emailed yesterday) about beefing up the explicit waiver language.
George Kirikos:The waiver happens at the UDRP provider, when the IGO initiates the dispute.
Rudi Vansnick:very interesting discussion as I'm not a lawyer I'm learning a lot here ;-)
Rudi Vansnick:what if national law is conflicting towards the immunity ?
George Kirikos:As a counter-example to his #2, another option (one which is less intrusive) is to allow the IGO to have the dispute brought by an agent, one who waives immunity (e.g. the Solicitor General in the country of the domain name registrant). That's an option I've mentioned before, which balances the registrant's rights.
George Kirikos:So, when he says "The final memo will include a draft provision along these lines" (near the very end), can we hold a vote now to kill that?
George Kirikos:Or, advise him?
George Kirikos:What time is the meeting next week, Eastern Time?
Mary Wong:@Phil, yes. We will also inform the GAC and IGO reps of the session.
Paul Keating:I would prefer that the synopsis be edited to remove the references to the alternative arbitration suggestion
George Kirikos:5 hours time difference.
Paul Tattersfield:utc isn'y it?
George Kirikos:Here's a reminder of what the Professor was asked (the 4 questions): http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000464.html
George Kirikos:He should just stay in scope, instead of going beyond that.
Paul Tattersfield:Agree Jim very important
George Kirikos:Swaine isn't a policy setter -- we just want the facts on existing law.
Jay Chapman:Agree. Request that point 2 (and the paragraph following) be removed from the synopsis
George Kirikos:The existence of #2 would have an "anchoring" effect, which would prejudice our own discussions.
Paul Tattersfield:+1 George
George Kirikos:I would just refer him back to the 4 specific questions he was asked.
Rudi Vansnick:i agree with Petter
Rudi Vansnick:if we remove 2 people could think it was not taken in consideration
Paul Tattersfield:If you keep first paragraph of 2 then “There are” should be replaced with “Any”
Petter Rindforth:Rudi: yes I that's a risk
Petter Rindforth:Taka away the numbers is likely to most esy way to solve this right now
Petter Rindforth:I'll be there from Saturday afternoon (late)
George Kirikos:I had my hand up too.
Petter Rindforth:Ok with me
George Kirikos:Click "Agree"
Mary Wong:OK got it - we will communicate as such (remove second paragraph from Section 2) to Prof. Swaine by this weekend.
Paul Tattersfield:agree
Mary Wong:For purposes of discussion at our session next week.
George Kirikos:Sorry, change my vote to delete the entire thing.
George Kirikos:Yes, Phil.
Kathy Kleiman:I support David
Rudi Vansnick:i prefer keeping 2 in
Mary Wong:OK - sorry for jumping the gun.
Rudi Vansnick:keep first paragraph of 2
George Kirikos:I would delete it all.
Paul Tattersfield:is it too late to reword the 1st paragraph of 2?
Paul Keating:Sorry but I must leave for another call. I am fine with either deleting all of 2 or keeping only the 1st paragraph of #2. I leave it to you but I dont thiink there is a sufficient consensus to deltete the entire #2
Mary Wong:@Paul T - since we are talking about what to use for our meeting next week, I'm afraid so.
George Kirikos:Is there any chance of moving the time of the meeting to noon (local time), which would make it 7 am Eastern time? (makes it accessible to more of us on the East Coast of the USA)
George Kirikos:Otherwise, 9 am Marrakech time = 4 am Eastern time
Mary Wong:@George, we are told the schedule is locked so it may be very difficult.
George Kirikos:Oh, ok, Mary. Will need to pull an all-nighter. :)
Rudi Vansnick:are there know samples ?
Mary Wong:Sorry, George - will let you know if anything changes.
George Kirikos:Here are the 4 questions: http://mm.icann.org/pipermail/gnso-igo-ingo-crp/2015-December/000464.html
George Kirikos:(have to scroll down, to see them)
George Kirikos:He might want to reformat it, then, to make our job easier?
Rudi Vansnick:it is
Nathalie Peregrine:Corretc WET is UTC
George Kirikos:Bye everyone. Have a great day!
Paul Tattersfield:If the meetings were on Monday’s it would give more time in these circumstances
Rudi Vansnick:bye till soon in Marrakech
Kathy Kleiman:Safe travels, All!
Paul Tattersfield:Bye
Jay Chapman: goodbye