[Iana-ipr] Agenda for 8/18 call

Jorge Contreras contreraslegal at att.net
Thu Aug 18 04:58:53 CEST 2016


All - I would ask that any substantive negotiations over indemnification be deferred until I'm back from India next week. I don't see a rush here, and we need to see ICANN's disclosure  (which will be when?) before discussing further.  Thanks for considering this request. 

Jorge

Sent from my iPhone

> On Aug 18, 2016, at 12:31 AM, Samantha Eisner <Samantha.Eisner at icann.org> wrote:
> 
> If IETF Trust was brought into the existing enforcement action, then ICANN
> could indemnify the Trust.  That is an unlikely scenario, but I think that
> this addresses your concern below.
> 
> 
>> Samantha Eisner
> Deputy General Counsel, ICANN
> 12025 Waterfront Drive, Suite 300
> Los Angeles, California 90094
> USA
> Direct Dial: +1 310 578 8631
> 
> 
> 
> 
> 
> On 8/17/16, 11:50 AM, "iana-ipr-bounces at nro.net on behalf of Andrew
> Sullivan" <iana-ipr-bounces at nro.net on behalf of ajs at anvilwalrusden.com>
> wrote:
> 
>>> On Wed, Aug 17, 2016 at 06:20:38PM +0000, Samantha Eisner wrote:
>>> The limitation that indemnification should not cover open, existing
>>> claims
>>> by ICANN against third parties makes sense to me.
>> 
>> I think the idea was that the indemnification _should_ cover such
>> claims, so that at the time of the asset transfer the Trust doesn't
>> end up with a bunch of potential liabilities that it didn't undertake.
>> (We don't exactly know the nature of these actions yet, which is part
>> of what's making trustees nervous.)
>> 
>>> On a related note, given the enforcement language we have in place in
>>> the
>>> draft, the IETF Trust could agree that ICANN is the appropriate party to
>>> continue with enforcement of those items (subject to the cooperation
>>> clauses, etc.) so that responsibility for those existing enforcement
>>> actions doesn¹t get called into question.
>> 
>> I'll suggest this to the trust.  It's something to consider.
>> 
>> A
>> 
>> -- 
>> Andrew Sullivan
>> ajs at anvilwalrusden.com
>> 
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