[CRISP-TEAM] Observation on IPR

[Nurani Nimpuno]

Hi all,

One additional, separate point that Izumi and I discussed a little. 

I do think it is very important to clarify to both the CWG and the ICG that any action that would involve us consulting our community, would require a minimum of at least a month consultation period. 

I am concerned that unless there is a resolution to this very soon, the CRISP team may be asked to consult our community very late in the process, and that there then will be pressure on us to rush something through our community. This would of course be very bad news for us, for our community and for the overall process. Therefore, I feel it is prudent to be clear about the amount of time our community expects to consider any questions put to them.

Nurani

> On 13 aug 2015, at 10:48, Nurani Nimpuno <nurani at netnod.se> wrote:
> 
> Hi Andrei and all,
> 
> Thank you for these comments. Very helpful. 
> 
>> On 13 aug 2015, at 09:53, Andrei Robachevsky <robachevsky at isoc.org> wrote:
>> 
>> Hi Izumi,
>> 
>> I like the approach and agree with the main points. A few comments inline.
>> 
>> Izumi Okutani wrote on 12/08/15 12:09:
>> [...]
>> 
>> I suggest that or the historical perspective we put our stress on the
>> point below:
>> 
>>>  - the root of the IANA functions comes from the IETF RFCs, so the IETF to hold the IPRs for the community. they have a decicated trust to manage the mark.
>>> 
>> 
>> As I mentioned on the call, I think it'd also be useful to reflect on
>> the rationale behind the principle related to the IPRs in the numbers
>> proposal: to move these assets to a stable place independent from an IFO
>> to facilitate smooth transition to a possible successor, or successors.
>> Absence of this element will weaken the accountability mechanism
>> proposed by the numbers community.
> 
> This is a very good point. Thanks for adding that.
> 
>> Following this consideration, I'd like to observe that it is the
>> community that should designate a licensee for the use of the IANA
>> related IPRs (exactly the way they would choose an IFO for their
>> function), and not the entity that holds the IPRs (e.g. the IETF Trust).
>> IMO, the role of that entity should be limited to being a "container"
>> and exercising quality control.
> 
> I am not an IPR lawyer, so I don’t know what this legal arrangement would look like. But I very much agree with your principle. 
> 
> (If doable, this might also alleviate concerns some hold in the names community.)
> 
>>> * Observations about Sidley's scenarios
>>>  - Scenario 1: not consistent since RIRs are signing the contract with ICANN. ICANN would not be an organization independent of IFO
>> 
>> I think ICANN *is* the IFO from the numbers perspective, as it stands now.
> 
> Indeed. Maybe we should state this clearly.
>> 
>>>  - Scenario 2: not consistent since PTI is IFO itself
>> 
>> The PTI is ICANN's (IFO's) contractor for the provision of the services,
>> which makes even less sense to grant any IPR to it.
> 
> Indeed.
> 
>> 
>>>  - Scenario 3: consistent
>>> 
>> 
>> Agree.
> 
> Thanks again Andrei. 
> 
> A quick additional point from me. 
> 
> I think it is also worth noting as a general point that the Sidley report is carried out only from a names perspective and looking at potential advantages and disadvantages to that community. It might be obvious, but it could be good to state it clearly, as there is a plethora of other factors to consider for the other communities. 
> 
> 
> Thanks,
> Nurani
> 
> 
>> 
>> Andrei
>> 
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> 
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