All attached is a revised draft of the IANA IPR License Agreement template, reflecting substantial discussions among the legal team over the last several days, as well as input from various communities. A clean version with a few comments for your consideration is attached, as well as a version marked against ICANN¹s version of Aug. 2. Please feel free to send any comments, corrections or discussion by email in advance of our Wednesday call. Best regards Jorge Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal@att.net The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately.
On 9 Aug 2016, at 01:44, Jorge Contreras <contreraslegal@att.net> wrote:
All – attached is a revised draft of the IANA IPR License Agreement template, reflecting substantial discussions among the legal team over the last several days, as well as input from various communities.
A clean version with a few comments for your consideration is attached, as well as a version marked against ICANN’s version of Aug. 2.
Please feel free to send any comments, corrections or discussion by email in advance of our Wednesday call.
Thank you. I offer the following comments in my personal capacity; I have not discussed them with the RIR legal team. * Definition of “IANA Services” In the previous draft, “IANA Services” was defined broadly as all three of the Names, Numbers, and Protocol Parameters services. In the new draft, “IANA Services” is defined as only one of the three. I am concerned that this will be confusing, and I noticed at least one use of “IANA Services” in a context that was intended to refer to the collection of all three parts of the IANA services. I suggest defining “Designated IANA Services” as the relevant one of the three parts of the IANA Services, and defining “IANA Services” more broadly as all three parts; then examining each use of the term to see which meaning was intended and substituting “Designated IANA Service” where appropriate. * Spelling of “Number Resource Orgnization” It’s “Number Resource Organization”, not “Numbers Resource Organization”. * ARTICLE 3 DOMAIN LICENSES The term “IANA Domains” is used but not defined. * 3.2 Technical Contact What happens to the tech contact position if one or two of the three licenses is terminated? * 3.3. Subdomains Should each of the three licenses be restricted to a specific list of subdomains, or do the termination conditions under 6.6.c cover the issue adequately? * Exhibit A: IANA Service Description Some of these descriptions refer to external documents which are now also referred to under the definition of “Service Agreement” in clause 1.36. Consider using identical text in both places. Alan Barrett
Hi Jorge, Thanks for these. A couple of quick questions: The intent here seems to be allow the Licensee to create subdomains as necessary to perform its services, but to limit the creation of the subdomains. As part of that, there is a grant to continue to use all subdomains already created as of the date of the license. To avoid confusion, would it be useful to enumerate those currently in existence? Exhibit B lists the domain names, and likely could be used to enumerate the current subdomains. The current language explicitly designates the technical contact, but I did not see language that explicitly names the administrative contact. I think we all understand that it will be the licensor or the licensor's designee, but would it be useful to spell that out? Also, the current language presumes that there is a single technical contact. In discussions in one of the meetings, I believe we noted cases where there might, in future, be more than one. For the purposes of public comment, I suggest we shift the language to "designates Licensee a technical contact" (rather than "the technical contact") in Article 3, 3.2 and then, in Exhibit E., have i say "For change to the technical contact information associated with Licensee" (or something similar). regards, Ted On Mon, Aug 8, 2016 at 2:44 PM, Jorge Contreras <contreraslegal@att.net> wrote:
All – attached is a revised draft of the IANA IPR License Agreement template, reflecting substantial discussions among the legal team over the last several days, as well as input from various communities.
A clean version with a few comments for your consideration is attached, as well as a version marked against ICANN’s version of Aug. 2.
Please feel free to send any comments, corrections or discussion by email in advance of our Wednesday call.
Best regards Jorge
Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal@att.net
The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately.
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The intent here seems to be allow the Licensee to create subdomains as necessary to perform its services, but to limit the creation of the subdomains. As part of that, there is a grant to continue to use all subdomains already created as of the date of the license. To avoid confusion, would it be useful to enumerate those currently in existence? Exhibit B lists the domain names, and likely could be used to enumerate the current subdomains.
Good idea. Do we know these, or is this something that we need from ICANN?
The current language explicitly designates the technical contact, but I did not see language that explicitly names the administrative contact. I think we all understand that it will be the licensor or the licensor's designee, but would it be useful to spell that out?
Sure.
Also, the current language presumes that there is a single technical contact. In discussions in one of the meetings, I believe we noted cases where there might, in future, be more than one. For the purposes of public comment, I suggest we shift the language to "designates Licensee a technical contact" (rather than "the technical contact") in Article 3, 3.2 and then, in Exhibit E., have i say "For change to the technical contact information associated with Licensee" (or something similar).
Good idea. I¹ll do this.
On Tue, Aug 9, 2016 at 6:59 PM, Jorge Contreras <contreraslegal@att.net> wrote:
The intent here seems to be allow the Licensee to create subdomains as necessary to perform its services, but to limit the creation of the subdomains. As part of that, there is a grant to continue to use all subdomains already created as of the date of the license. To avoid confusion, would it be useful to enumerate those currently in existence? Exhibit B lists the domain names, and likely could be used to enumerate the current subdomains.
Good idea. Do we know these, or is this something that we need from ICANN?
The zone doesn't appear to allow me to do a zone transfer, so we'll need to get them from ICANN. regards, Ted
All, Here are a few minor comments, also incorporating Alan's suggestion but using Relevant instead of Designated. Greg On Wed, Aug 10, 2016 at 11:44 AM, Ted Hardie <ted.ietf@gmail.com> wrote:
On Tue, Aug 9, 2016 at 6:59 PM, Jorge Contreras <contreraslegal@att.net> wrote:
The intent here seems to be allow the Licensee to create subdomains as necessary to perform its services, but to limit the creation of the subdomains. As part of that, there is a grant to continue to use all subdomains already created as of the date of the license. To avoid confusion, would it be useful to enumerate those currently in existence? Exhibit B lists the domain names, and likely could be used to enumerate the current subdomains.
Good idea. Do we know these, or is this something that we need from ICANN?
The zone doesn't appear to allow me to do a zone transfer, so we'll need to get them from ICANN.
regards,
Ted
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We'll coordinate with Elise's team to collect that information. Thanks, Sam ________________________________ From: iana-ipr-bounces@nro.net <iana-ipr-bounces@nro.net> on behalf of Greg Shatan <gregshatanipc@gmail.com> Sent: Wednesday, August 10, 2016 9:00 AM To: Ted Hardie Cc: iana-ipr@nro.net; Jorge Contreras Subject: Re: [Iana-ipr] Draft IANA License Agreement All, Here are a few minor comments, also incorporating Alan's suggestion but using Relevant instead of Designated. Greg On Wed, Aug 10, 2016 at 11:44 AM, Ted Hardie <ted.ietf@gmail.com<mailto:ted.ietf@gmail.com>> wrote: On Tue, Aug 9, 2016 at 6:59 PM, Jorge Contreras <contreraslegal@att.net<mailto:contreraslegal@att.net>> wrote: The intent here seems to be allow the Licensee to create subdomains as necessary to perform its services, but to limit the creation of the subdomains. As part of that, there is a grant to continue to use all subdomains already created as of the date of the license. To avoid confusion, would it be useful to enumerate those currently in existence? Exhibit B lists the domain names, and likely could be used to enumerate the current subdomains. Good idea. Do we know these, or is this something that we need from ICANN? The zone doesn't appear to allow me to do a zone transfer, so we'll need to get them from ICANN. regards, Ted _______________________________________________ Iana-ipr mailing list Iana-ipr@nro.net<mailto:Iana-ipr@nro.net> https://www.nro.net/mailman/listinfo/iana-ipr
Thanks, this looks good to me. Regarding the question in 6.6(c), perhaps what was meant by “no additional charge” is that the Licensee will not charge replacement service providers to use the subdomain(s)? Such a condition would make sense to me. Personally I am fine with the overall approach of Article 6. Alissa
On Aug 8, 2016, at 2:44 PM, Jorge Contreras <contreraslegal@att.net> wrote:
All – attached is a revised draft of the IANA IPR License Agreement template, reflecting substantial discussions among the legal team over the last several days, as well as input from various communities.
A clean version with a few comments for your consideration is attached, as well as a version marked against ICANN’s version of Aug. 2.
Please feel free to send any comments, corrections or discussion by email in advance of our Wednesday call.
Best regards Jorge
Jorge L. Contreras Contreras Legal Strategy LLC 1711 Massachusetts Ave. NW, No. 710 Washington, DC 20036 contreraslegal@att.net
The contents of this message may be attorney-client privileged and confidential. If you are not the intended recipient, please delete this message immediately.
<License Agreement IANA IPR 08-08-2016 - marked vs ICANN 8-2.pdf><License Agreement IANA IPR 08-08-2016 clean.docx>_______________________________________________ Iana-ipr mailing list Iana-ipr@nro.net https://www.nro.net/mailman/listinfo/iana-ipr
participants (6)
-
Alan Barrett -
Alissa Cooper -
Greg Shatan -
Jorge Contreras -
Samantha Eisner -
Ted Hardie