[NRO-IANAXFER] IANA IPR considerations

Seun Ojedeji seun.ojedeji at gmail.com
Wed Dec 24 08:18:22 CET 2014


sent from Google nexus 4
kindly excuse brevity and typos.
On 23 Dec 2014 16:34, "Hans Petter Holen" <hph at oslo.net> wrote:
>
> I agree that this makes sense.
>
> For the RIRs it would be relatively easy to "rename" the global numbers
registry held by IANA as the number of global policies refering to IANA is
limited, while it will be impossible for the IETF to update all refernces
in the RFCs.
>
Perhaps IETF community should then be the ones to be more worried (if
indeed this is something to worry about), we may want to take a look at the
IETF proposal to see how they have relieved themselves from this "issue".

> So keeping the domainname and other rights connected with IANA with the
IETF (trust) is the best option I have seen.
>
If the RIR achieves consensus on this, then it will be more appropriate
also getting such understanding from the IETF.

Regards

> Hans Petter
>
> On 23/12/14 15:48, Richard Hill wrote:
>>
>> Indeed, it seems to me that it would be logical, and consistent with the
history of the use of the IANA name, to transfer both the IANA trademark
and the IANA.ORG domain name to the IETF Trust, as outlined below.
>>
>> Best,
>> Richard
>>>
>>> -----Original Message-----
>>> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On
Behalf Of Avri Doria
>>> Sent: mardi, 23. décembre 2014 15:41
>>> To: ianaxfer at nro.net
>>> Subject: Re: [NRO-IANAXFER] IANA IPR considerations
>>>
>>> Hi,
>>>
>>> One of the suggestion made by the ICANN Non Commercial Stakeholder
Group (NCSG) in its CWG-Stewardship comments is that:
>>>
>>>> As a precaution we suggest that discussions be held with the IETF
Trust, regarding
>>>> the domain name iana.org and suggesting that it hold the name for use
by the names,
>>>> numbers and protocols directories. Any changes to the use of the
domain name
>>>> should be agreed to by all operational communities.
>>>
>>>
>>>
>>> avri
>>>
>>> On 23-Dec-14 06:13, Richard Hill wrote:
>>>>
>>>> Please see below.
>>>>
>>>> Thanks and best,
>>>> Richard
>>>>
>>>>> -----Original Message-----
>>>>> From: ianaxfer-bounces at nro.net [mailto:ianaxfer-bounces at nro.net]On
>>>>> Behalf Of Alan Barrett
>>>>> Sent: mardi, 23. decembre 2014 11:44
>>>>> To: ianaxfer at nro.net
>>>>> Subject: Re: [NRO-IANAXFER] IANA IPR considerations
>>>>>
>>>>>
>>>>> On Tue, 23 Dec 2014, Richard Hill wrote:
>>>>>>
>>>>>> I support this approach and suggested way forward.
>>>>>>
>>>>>> (But I don't think that it can be said the ICANN should have no claim
>>>>>> on the associated IPR - they own the IANA mark. Rather, I think it
can
>>>>>> be said that ICANN will allow appropriate use of the associated IPR.)
>>>>>
>>>>> The IANA mark was in use long before ICANN existed.
>>>>
>>>> Yes, but it was not registered.  ICANN registered the mark.
>>>>
>>>>> In my opinion,
>>>>> ICANN has no rights to the mark other than by virtue of their role as
>>>>> operator of the IANA services,
>>>>
>>>> No, ICANN owns the registered mark.
>>>>
>>>>> and if ICANN were to cease being the
>>>>> operator of the IANA services, then they should cease to have any
rights
>>>>> to use of the IANA mark.  In my personal opinion, this principle
should
>>>>> be codified.
>>>>
>>>> What happens if only part of the IANA functions cease to be provided by
>>>> ICANN?  Surely ICANN should be allowed to continue to use the IANA
mark for
>>>> those functions that it does provide?
>>>>
>>>> There are various ways of dealing with the situation. For example, the
new
>>>> contract for the IANA function can specify that ICANN will allow a
successor
>>>> to use its mark.  Or that ICANN will agree to transfer the mark if
there is
>>>> a transfer of the IANA function.
>>>>
>>>> Alternatively, the mark could be transferred as part of the current
process,
>>>> for example to a new entity, if some new entity is created.  Or to a
>>>> consortium of existing entities, which might include the RIRs.
>>>>
>>>> As you (Alan) correctly said at the beginning, the codification of the
>>>> principle can be worked out by the legal team.
>>>>
>>>>> --apb (Alan Barrett)
>>>>>
>>>>> _______________________________________________
>>>>> ianaxfer mailing list
>>>>> ianaxfer at nro.net
>>>>> https://www.nro.net/mailman/listinfo/ianaxfer
>>>>>
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>>>> ianaxfer mailing list
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>>>>
>>>
>>
>>
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