[Internal-cg] Draft note to CWG regarding IANA trademark and iana.org domain name

[Milton L Mueller]

I caught a few typos/grammar mistakes. My changes are in brackets

> -----Original Message-----
> 
> The CWG transition proposal suggests that "ICANN will grants [sic] PTI an
> exclusive, royalty-free, fully-paid, worldwide license to use the IANA
> trademark and all related trademarks in connection with PTI's activities
> under the ICANN-PTI Contract." [1] Our understanding is that this text [was not a product of full CWG deliberation and consensus] 
[and is flagged as] subject to further negotiations.
> 
> During the ICG face-to-face meeting #5 on June 18 this text was identified as
> causing [an incompatibility] between the three operational
> community proposals. [Both] the IETF and RIR communities have been
> [using] and continue to use the term "IANA" [without permission.] For instance, the term has been
> cited in 3,353 RFCs over several decades. An exclusive license is not
> compatible with all three communities making continued use of the term.
> 
> Second, the RIR community has specified [in its proposal] that the IANA
> trademark and domain name [2] [should] be transferred to an entity independent of [any] IANA
> Numbering Services Operator. In February 2015, the ICG asked the RIR and
> IETF communities to report if their proposals can be made compatible
> in this regard. After discussion these communities reported back
> that there was no fundamental discrepancy. [3, 4] The IETF Trust also
> indicated its willingness to hold intellectual property rights relating to the
> IANA functions and the IETF community expressed its willingness to support
> such a decision. [3]
> 
> Finally, the current text discusses only the trademarks and not the iana.org
> domain name. Thus it is unclear whether the CWG proposal text is meant to
> extend to the domain name as well.
> 
> The ICG has identified this topic as something that requires coordination
> between the communities. Given that the text in question from Annex S of
> the CWG proposal has not been thoroughly discussed in the CWG and is an
> initial draft, the ICG would like to request that the CWG [reconsider this aspect of its proposal and] work together with
> the protocol parameters and numbers communities to reconcile the
> incompatibilities that have been identified. The ICG requests that the CWG
> communicate back to us a proposed resolution to this issue by July 2 at
> 23:59 UTC.
> 
> Thank you,
> Alissa, Patrik and Mohamed on behalf of the ICG
> 
> [1] CWG Stewardship proposal, Annex S, page 132
> 
> [2] Numbers community proposal, page 10: "With regards to the IANA
> trademark and the IANA.ORG domain, it is the expectation of the Internet
> Number Community that both are associated with the IANA Numbering
> Services and not with a particular IANA Numbering Services Operator.
> Identifying an organization that is not the IANA Numbering Services
> Operator and which will permanently hold these assets will facilitate a
> smooth transition should another operator (or operators) be selected in the
> future. It is the preference of the Internet Number Community that the IANA
> trademark and the IANA.ORG domain name be transferred to an entity
> independent of the IANA Numbering Services Operator, in order to ensure
> that these assets are used in a non-discriminatory manner for the benefit of
> the entire community. From the Internet Number Community's perspective,
> the IETF Trust would be an acceptable candidate for this role.
> 
> The transfer of the IANA trademark and IANA.ORG domain to the IETF Trust
> will require additional coordination with the other affected communities of
> the IANA Services, namely, protocol parameters and names. It is the
> preference of the Internet Number Community that all relevant parties agree
> to these expectations as part of the transition."
> 
> [3] http://mm.icann.org/pipermail/internal-cg/2015-February/003103.html
> 
> [4] http://mm.icann.org/pipermail/internal-cg/2015-February/003105.html
> 
> 
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