[CRISP-TEAM] Fwd: [CWG-Stewardship] FW: [client com] IPR Memo

[Sweeting, John]

On 8/7/15, 3:19 AM, "crisp-bounces at nro.net<mailto:crisp-bounces at nro.net> on behalf of Mwendwa Kivuva" <crisp-bounces at nro.net<mailto:crisp-bounces at nro.net> on behalf of Kivuva at transworldafrica.com<mailto:Kivuva at transworldafrica.com>> wrote:

Hi Izumi, CRISP Team,

We many need to debate this statement from Sidley to see if it is consistent with our proposal as Sidley claims. We might be asked to give our views on them,so better we be prepared.. "housing the IANA IPR with ICANN would be consistent with the Internet Number Community’s separation recommendation "

" Per the CWG Final Proposal, PTI will be the IANA functions operator. The Internet Number Community, through CRISP, has recommended that ownership of the IANA IPR not be held by the IANA functions operator in order to facilitate a smooth transition should another operator be selected in the future and to ensure that these assets are used in a non-discriminatory way. Therefore, housing the IANA IPR with ICANN would be consistent with the Internet Number Community’s separation recommendation (albeit not with their specifically-recommended form of an independent trust as discussed in Scenario 3 below)."

My initial assessment would be how "separate" is PTI from ICANN? How much control does ICANN have over PTI?

My initial reaction is pretty much the same as some of the comments on the ianaplan list. This very much reads as if the conclusion was made and then the document was written to support the conclusion. In discussing with other members of the ARIN community it seems to be “opinions” than “legal points” and I agree.

-john



Sincerely,


______________________
Mwendwa Kivuva, Nairobi, Kenya

"There are some men who lift the age they inhabit, till all men walk on higher ground in that lifetime." - Maxwell Anderson


On 5 August 2015 at 18:51, Izumi Okutani <izumi at nic.ad.jp<mailto:izumi at nic.ad.jp>> wrote:
CRISP Team,


The legal analysis on the IPR by CWG Lawyers are now available (See PDF attachment).
This is to serve as a reference for discussions in CWG and their position is not yet fixed.

Nurani and I are expected to hear from Jonathan and Lise if there is anything which needs our attention and need of a dialogue.
I'll keep you updated on any further developments.


Izumi


-------- Forwarded Message --------
Subject: [CWG-Stewardship] FW: [client com] IPR Memo
Date: Wed, 5 Aug 2015 15:37:14 +0000
From: Grace Abuhamad <grace.abuhamad at icann.org<mailto:grace.abuhamad at icann.org>>
To: cwg-Stewardship at icann.org<mailto:cwg-Stewardship at icann.org> <cwg-Stewardship at icann.org<mailto:cwg-Stewardship at icann.org>>

Dear all,
This legal input was sent to the Client Committee earlier today.
Best,
Grace

From:  <cwg-client-bounces at icann.org<mailto:cwg-client-bounces at icann.org>> on behalf of Sharon Flanagan
<sflanagan at sidley.com<mailto:sflanagan at sidley.com>>
Date:  Wednesday, August 5, 2015 at 12:05 AM
To:  Client Committee <cwg-client at icann.org<mailto:cwg-client at icann.org>>
Subject:  [client com] IPR Memo

Dear All,

Attached is a memo on the IPR issue under the three ownership structures.
Please let us know if you have any questions or would like to discuss.

Best regards,

Holly, Josh and Sharon


SHARON FLANAGAN
Partner

Sidley Austin LLP
+1.415.772.1271
sflanagan at sidley.com<mailto:sflanagan at sidley.com>





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