[ifwp] Re: Impressions from Washington

1999-01-27 Thread jeff Williams


Roberto and all,
Roberto Gaetano wrote:
Folks,
I liked Jay's summary.
Let me add few lines to Bret's comments.
Bret Fausett wrote:
> Jay Fenello wrote:
> >My impression of this process was that there are only
> >a few, major philosophical differences that must be
> >resolved. One is whether the DNSO will feature a top
> >down, or bottom up decision making process.
>
> This is the split, but all the talk about "top-down" and "bottom-up"
at
> the Washington meeting tended to polarize the proposals, which really
> exist along a continuum. As I see it, strong top-down management
with
> broad consensus-based policy-making can coexist, and the AIP proposal
> tried to do that. So did the CENTRE proposal. These two "hybrids"
viewed
> the Names Council (and in the AIP proposal, the Research Committees)
as
> "managers" of a consensus-building process, rather than as the
> policy-makers themselves.
>
I admit it was not easy to resist the temptation of promoting one or
the
other draft, but we could rather focus on what the real problem is,
and what
are the points to solve. ;>)
I disagree with the wording "top-down vs. bottom-up" because, while
it is
perfect for suggesting emotional reactions, it is not appropriate in
describing the difference.
In fact, no proposal is implying a top-down process. The philosophical
difference is, as somebody already pointed out in Washington, is between
"representative democracy" and "popular democracy". In other words,
whether
(or rather to which extent) the membership is willing to "delegate
authority" to a body it has elected.
 Delegation of authority is something that indeed does need to be
dealt with.
I have been saying this for months to little avail I might add.
We support
a "representative democracy" approach, but to a lesser degree
then
any of the current drafts (Other than ours) would suggest. Any
delegation
must and rightfully should, be determined by the At-Large membership
as
that At-Large membership decides the need is warranted. Hence,
in the
beginning there should only be the implementation or recommendation
of
policy on DNS issues, with respect to any DNSO to the ICANN.

My personal opinion is that we should discuss what are the powers that
will
stay with the "general assembly"of Members, and what powers will be
delegated to the Council, knowing that, if it is philosophically appropriate
to claim all the power to the Assembly, it is neither efficient nor
practical.
 The answer as to how the power balance is determined is that the
Council only can recommend to the ICANN policy that has been approved
by the DNSO At-Large membership. The Council may propose
policy or except policy proposals form other groups but must get
voted upon approval from the At-Large membership before recommending
it to the ICANN for review.

Personally, I don't think that there are great obstacles in coming to
an
agreement on this point. INTA may have a more "enterprise-like" approach,
while others may have a more "city-hall-like" approach, but it should
not be
difficult to make every party aware of the reasons and concerns behind
each
position, and come to a common proposal.
 snip>
> If there is a place for consensus, perhaps we'll find it in a strong,
> managerial Names Council that leads a consensus-building process,
when
> appropriate, among a larger group of members. I'll read all of the
> proposals again with that in mind.
>
Agree.
Somebody disagrees?
> >The other
> >is whether the DNSO membership will be flat and
> >inclusive, or structured and limited.
>
> Isn't the open (no constituencies) vs. structured (constituencies)
Names
> Council really about making sure that all interested stakeholders
have a
> voice? All five proposals understand that this is necessary; the
> proponents just solve the problem in different ways.
>
Again, the problem is wording.
Why should a flat membership be considered more "open" or more "inclusive"
than a membership structured in constituencies?
 Constituencies is a form of gerrymandering is why Roberto.

Our goal is not to gather applauses on a smart wording, but to point
out the
alternatives, and focus on the implications of either choice.
The problem with the former, as also pointed out at the 1999-01-23
Membership meeting in Boston, is capture by a powerful entity of the
individual votes.
 This argument is a canard. It is not likely and I would argue
not
even possible for any capture by any "Group" of members using a
flat membership model.

The problem with the latter is the definition of the constituencies,
the
lack of flexibility, and the relative voting power.
 This is only one problem. In fact with combining of two or
more
constituencies that is a greater risk of Capture than with a flat
model.

The risk of capture can be lowered by not allowing proxies.
IMHO, when defining a new body or a new approach to the solution of
a
problem, we should avoid all paths that will be irreversible.
If capture by proxy will occurr, we will never be able to go back.

[ifwp] RE: Impressions from Washington

1999-01-27 Thread William X. Walsh

I left the [EMAIL PROTECTED] in the CC list, but I STILL have not been able to send
or receive mail from it


On 27-Jan-99 Roberto Gaetano wrote:
 Folks,
 
 I liked Jay's summary.
 Let me add few lines to Bret's comments.
snipped

 Regards
 Roberto

Hello Roberto.

It is late, and I am going to catch some sleep before resuming work in a few
hours, but I wanted to make a rather broad comment on your message.

I truly wish the rest of the leadership of the DNSO.org (and you know who I
mean, even if DNSO.org continues to deny that this leadership group exists)
would be as open to compromise as I am seeing you be in this message.

While I disagree with some of the salient points of your analysis (which I
reserve the right to comment on after I have had some sleep :), your statements
left a wide latitude for compromise that brings hope to this process now
developing a draft that merges the best from the proposals currently being
considered, and develops a set of documents that are truly representative of a
the broad (and vast) stakeholder community.   I also saw a lot in your comments
that I agreed with and that made a lot of common sense.

The addition of the Ireland and AIP drafts has brought a fresh air of ideas and
it seems they also brought a better sense of working together amongst more of
the participants.  Perhaps it would be a wake up call to the DNSO.org that
indeed there is substantial opposition to a lot of what is in their merged
draft, and bring us all into a better sense of working together now.

If the introduction of "competing" drafts has truly resulted in us all stepping
forward and working together, than it has served the purpose I desired it to
when I began advocating it (quite vocally  ;).

I'll try to post a more specific set of comments later, but what I have seen in
the discussion traffic today makes me feel much more positive about this than I
have felt for a number of weeks.

--
E-Mail: William X. Walsh [EMAIL PROTECTED]
Date: 27-Jan-99
Time: 03:38:45
--


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[ifwp] RE: Impressions from Washington

1999-01-27 Thread Roberto Gaetano

Folks,

I liked Jay's summary.
Let me add few lines to Bret's comments.

Bret Fausett wrote:
 Jay Fenello wrote:
 My impression of this process was that there are only 
 a few, major philosophical differences that must be 
 resolved.  One is whether the DNSO will feature a top 
 down, or bottom up decision making process. 
 
 This is the split, but all the talk about "top-down" and "bottom-up" at 
 the Washington meeting tended to polarize the proposals, which really 
 exist along a continuum. As I see it, strong top-down management with 
 broad consensus-based policy-making can coexist, and the AIP proposal 
 tried to do that. So did the CENTRE proposal. These two "hybrids" viewed 
 the Names Council (and in the AIP proposal, the Research Committees) as 
 "managers" of a consensus-building process, rather than as the 
 policy-makers themselves. 
 
I admit it was not easy to resist the temptation of promoting one or the
other draft, but we could rather focus on what the real problem is, and what
are the points to solve. ;)

I disagree with the wording "top-down vs. bottom-up" because, while it is
perfect for suggesting emotional reactions, it is not appropriate in
describing the difference.
In fact, no proposal is implying a top-down process. The philosophical
difference is, as somebody already pointed out in Washington, is between
"representative democracy" and "popular democracy". In other words, whether
(or rather to which extent) the membership is willing to "delegate
authority" to a body it has elected.

My personal opinion is that we should discuss what are the powers that will
stay with the "general assembly"of Members, and what powers will be
delegated to the Council, knowing that, if it is philosophically appropriate
to claim all the power to the Assembly, it is neither efficient nor
practical.

Personally, I don't think that there are great obstacles in coming to an
agreement on this point. INTA may have a more "enterprise-like" approach,
while others may have a more "city-hall-like" approach, but it should not be
difficult to make every party aware of the reasons and concerns behind each
position, and come to a common proposal. 

snip

 If there is a place for consensus, perhaps we'll find it in a strong, 
 managerial Names Council that leads a consensus-building process, when 
 appropriate, among a larger group of members. I'll read all of the 
 proposals again with that in mind.
 
Agree.
Somebody disagrees?

 The other 
 is whether the DNSO membership will be flat and 
 inclusive, or structured and limited.
 
 Isn't the open (no constituencies) vs. structured (constituencies) Names 
 Council really about making sure that all interested stakeholders have a 
 voice? All five proposals understand that this is necessary; the 
 proponents just solve the problem in different ways. 
 
Again, the problem is wording.
Why should a flat membership be considered more "open" or more "inclusive"
than a membership structured in constituencies?

Our goal is not to gather applauses on a smart wording, but to point out the
alternatives, and focus on the implications of either choice.

The problem with the former, as also pointed out at the 1999-01-23
Membership meeting in Boston, is capture by a powerful entity of the
individual votes.
The problem with the latter is the definition of the constituencies, the
lack of flexibility, and the relative voting power.

The risk of capture can be lowered by not allowing proxies.
IMHO, when defining a new body or a new approach to the solution of a
problem, we should avoid all paths that will be irreversible.
If capture by proxy will occurr, we will never be able to go back. OTOH, if
after start of operations we can see that the structure works reasonably,
and the voice of the end users is really limited by the lack of proxies, we
can always implement it.
Just to add my personal view, if we vote on the net, why do we need proxies
at all? It will take as much time, if not more, to the end user to mail in a
proxy than mail in a vote (unless we think of "permanent" proxies - but do
you see the problem with it?).

The problem with the definition of constituencies, OTOH, has much to do with
a power struggle among constituencies.
I am wondering whether this is not moot in a body that has as a main purpose
not to "define" policy, but to "recommend" policy to ICANN.
In other words, ICANN will decide. We only have the task of making sure that
the Council is representative of all constituencies. Proposals like the one
Stef made in Monterrey (distribute ignorance, or something like this) will
be perfectly fit for purpose.
As for the worry that the Registries have about policy being recommended
"upon them", i.e. policy that will heavily affect Registries being
recommended against their will by a majority not including them, we can
correct this. Not, of course, with some kind of "generic" veto power by the
Registries, as this either puts the Registries as being more equal 

[ifwp] Re: Impressions from Washington

1999-01-27 Thread Michael Sondow

Jay Fenello a écrit:
 
 Hi Bret,
 
 You are correct -- I was framing the
 debate, rather than describing its
 spectrum.
 
 I agree that both the AIP and CENTRE
 proposals are somewhere in between.
 
 Looking forward to tomorrow.

What exactly is it that you're "looking forward to tomorrow"? Can you share
this with the rest of us?

The 150-odd people who attended the Washington January 22nd meeting, and the
rest of the Internet community as well, were promised daily reports on the
progress of the negotiations between the five DNSO proposals presented at
the meeting. Where are those progress reports?

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[ifwp] Re: Impressions from Washington

1999-01-27 Thread Bret A. Fausett

Jay Fenello wrote:
P.S.  I have asked that the CC be transcribed, 
but this has not yet been confirmed.

I was asked by one of the conference organizers whether I would consent 
to the call being recorded and then transcribed or made available on the 
internet via RealAudio. Of course, I consented and thought this was a 
good idea. I have no confirmation that it will happen though. -- Bret

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[ifwp] Re: Impressions from Washington

1999-01-27 Thread Jay Fenello



Hi Bret,

You are correct -- I was framing the 
debate, rather than describing its 
spectrum.  

I agree that both the AIP and CENTRE
proposals are somewhere in between.

Looking forward to tomorrow.

Jay.


At 1/25/99, 11:35 PM, Bret A. Fausett wrote:
A few comments on Jay's summary, which sounds all the right notes.

Jay Fenello wrote:
My impression of this process was that there are only 
a few, major philosophical differences that must be 
resolved.  One is whether the DNSO will feature a top 
down, or bottom up decision making process. 

This is the split, but all the talk about "top-down" and "bottom-up" at 
the Washington meeting tended to polarize the proposals, which really 
exist along a continuum. As I see it, strong top-down management with 
broad consensus-based policy-making can coexist, and the AIP proposal 
tried to do that. So did the CENTRE proposal. These two "hybrids" viewed 
the Names Council (and in the AIP proposal, the Research Committees) as 
"managers" of a consensus-building process, rather than as the 
policy-makers themselves. 

I understand that some have a concern that this does not allow quick, 
responsible decision-making when necessary, but the AIP proposal made 
allowances for this too. Section 8.2 of the AIP draft bylaws required 
policy-making by the Research Committee process "[w]henever practicable 
based on considerations of time and the complexity of the issues 
presented..." This left emergency and less important matters to the Names 
Council.

If there is a place for consensus, perhaps we'll find it in a strong, 
managerial Names Council that leads a consensus-building process, when 
appropriate, among a larger group of members. I'll read all of the 
proposals again with that in mind.

The other 
is whether the DNSO membership will be flat and 
inclusive, or structured and limited.

Isn't the open (no constituencies) vs. structured (constituencies) Names 
Council really about making sure that all interested stakeholders have a 
voice? All five proposals understand that this is necessary; the 
proponents just solve the problem in different ways. 

The structured proposals try to ensure a voice by blocking out seats for 
certain parties; the non-structured proposals do this by seeking 
consensus. We all agree on the need for representation, but we distrust 
the other's way of ensuring it. I don't know if a common goal will 
necessarily lead to a common solution, but maybe we can start there. Any 
ideas?

 -- Bret
 

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[ifwp] Re: Impressions from Washington

1999-01-27 Thread Bret A. Fausett

A few comments on Jay's summary, which sounds all the right notes.

Jay Fenello wrote:
My impression of this process was that there are only 
a few, major philosophical differences that must be 
resolved.  One is whether the DNSO will feature a top 
down, or bottom up decision making process. 

This is the split, but all the talk about "top-down" and "bottom-up" at 
the Washington meeting tended to polarize the proposals, which really 
exist along a continuum. As I see it, strong top-down management with 
broad consensus-based policy-making can coexist, and the AIP proposal 
tried to do that. So did the CENTRE proposal. These two "hybrids" viewed 
the Names Council (and in the AIP proposal, the Research Committees) as 
"managers" of a consensus-building process, rather than as the 
policy-makers themselves. 

I understand that some have a concern that this does not allow quick, 
responsible decision-making when necessary, but the AIP proposal made 
allowances for this too. Section 8.2 of the AIP draft bylaws required 
policy-making by the Research Committee process "[w]henever practicable 
based on considerations of time and the complexity of the issues 
presented..." This left emergency and less important matters to the Names 
Council.

If there is a place for consensus, perhaps we'll find it in a strong, 
managerial Names Council that leads a consensus-building process, when 
appropriate, among a larger group of members. I'll read all of the 
proposals again with that in mind.

The other 
is whether the DNSO membership will be flat and 
inclusive, or structured and limited.

Isn't the open (no constituencies) vs. structured (constituencies) Names 
Council really about making sure that all interested stakeholders have a 
voice? All five proposals understand that this is necessary; the 
proponents just solve the problem in different ways. 

The structured proposals try to ensure a voice by blocking out seats for 
certain parties; the non-structured proposals do this by seeking 
consensus. We all agree on the need for representation, but we distrust 
the other's way of ensuring it. I don't know if a common goal will 
necessarily lead to a common solution, but maybe we can start there. Any 
ideas?

 -- Bret

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[ifwp] Re: Impressions from Washington

1999-01-27 Thread Jay Fenello



Hi Stef,

I agree that ORSC should continue its efforts 
at drafting a consensus document.  

I also agree that the results of tomorrow's 
conference call (CC) should be made available 
for incorporation into the ongoing ORSC draft 
editing process.  After all, it is not outside 
the realm of possibility that some good ideas 
will be generated tomorrow.  

For my part, I will present the ORSC position 
as best as I understand it.  I also plan on 
using the Internet to include members of ORSC 
in the process.

I plan on sending some brief questions out 
to the ORSC policy list during the CC.  I will 
do my best to read all of the responses.  If I 
get overwhelmed, I will resort to only reading 
subject headers.  Those who reply should update 
their subject headers accordingly.

CC starts tomorrow at 12:00 noon EST.  

Until then . . .

Jay.

P.S.  I have asked that the CC be transcribed, 
but this has not yet been confirmed.


At 1/25/99, 11:37 PM, Einar Stefferud wrote:
   As I stated emphatically and clearly in the 22 January 
   DNSO meeting when the INTA and DNSO.ORG participants 
   argued for setting up a limited particiaption telecon 
   to resolve the outstanding issues, and that other 
   drafting efforts should be suspended in favor of the 
   results of the telecon:

ORSC has launched an open public DNSO draft editing process that
accepts input from anyone that wishes to contribute.  This process is
able to absorb and incorporate input much faster than any proposed

telecon process might ever accomplish, and do it in public so that
when it is done, everyone that is interested will know it is done and
will know from the public record how the draft became what it became.

In short, the ORSC position is bery simple.  It is critical that this
work be done "on the net" in order to rapidly find consensus.  So,
ORSC will continue our public draft editing procees, and the telecon
can proceed however it wishes, and can report the telecon results for
incorporation into the ongoing ORSC draft editing process, or keep it
to themselves for separate submission to ICANN.

To stop the ORSC process and wait for the telecon results, with a 10
day deadline facing us, is just plain silly.  It does not matter
whether someone is trying to hyjack the process with a closed process
proposal or not, since they can do their thing and the rest of us can
do ours on the net, and we will see who has the best consensus meld in
the end.

Further, the ICANN proposed 5 February deadline no longer holds any
power here, as ORSC can and will continue its editing efforts after
that deadline to see if we can further improve the DNSO draft while
ICANN proceeds to select one from a set of frozen drafts.

If ICANN wants to ignore a better draft application just because it
did not make their arbitrary deadline is their choice to make, and
they will have to live with the consequences of any such decison.

Cheers...\Stef

From your message Mon, 25 Jan 1999 18:38:51 -0500:
}
}[NOTE ==  Please excuse the cross-postings.  The IFWP 
}list is down once again, and this is one way to ensure 
}wide distribution.]
}
}Hello everyone,
}
}What follows is my personal interpretation of the events 
}surrounding the Washington DNSO meetings that occurred on 
}January 21st and 22nd.
}
}History
}
}In response to the ICANN formation process, a self 
}forming group came together and formed the DNSO.org 
}process.  They had two open meetings, one in Barcelona, 
}Spain, and one in Monterey, Mexico.
}
}A rough consensus document was drafted after each of 
}these meetings, and a substantial number of the 
}registries, ISPs, etc. were contributing to the process.
}
}After Monterey, the trademark/business (TB) community 
}decided to put forward their own draft.  In an effort to 
}consolidate these drafts into a single draft, a handful 
}of the DNSO.org leaders started private negotiations with 
}a few of the TB interests.
}
}While the resulting "Merged" draft appeased the TB 
}interests, many of the others who participated in the 

}open DNSO.org process felt alienated.  That's when Dr. 
}Lisse, Michael Sondow, and others started to vehemently 
}complain about how the DNSO.org process had been 
}hijacked.
}
}To build consensus around the "Merged" draft, the TB 
}interests joined with the DNSO.org leaders to plan a 
}closed DNSO meeting on January 21st, and an open DNSO 
}meeting on January 22nd.  It was hoped that these 
}meetings would lead to a single consensus document.
}
}But as these meetings approached, some who were 
}disenfranchised by the "Merged" draft process put forward 
}their own documents.  By the time of the meeting, there 
}were five different drafts on the table.
}
}
}The Outcome
}
}Under the direction of a professional mediator, a 
}representative from each of the five drafts struggled to 
}find areas of agreement, as well as areas where there was 
}no agreement.
}
}My impression of this process was that there are only 

[ifwp] Re: Impressions from Washington

1999-01-27 Thread Einar Stefferud

As I stated emphatically and clearly in the 22 January 
DNSO meeting when the INTA and DNSO.ORG participants 
argued for setting up a limited particiaption telecon 
to resolve the outstanding issues, and that other 
drafting efforts should be suspended in favor of the 
results of the telecon:

ORSC has launched an open public DNSO draft editing process that
accepts input from anyone that wishes to contribute.  This process is
able to absorb and incorporate input much faster than any proposed
telecon process might ever accomplish, and do it in public so that
when it is done, everyone that is interested will know it is done and
will know from the public record how the draft became what it became.

In short, the ORSC position is bery simple.  It is critical that this
work be done "on the net" in order to rapidly find consensus.  So,
ORSC will continue our public draft editing procees, and the telecon
can proceed however it wishes, and can report the telecon results for
incorporation into the ongoing ORSC draft editing process, or keep it
to themselves for separate submission to ICANN.

To stop the ORSC process and wait for the telecon results, with a 10
day deadline facing us, is just plain silly.  It does not matter
whether someone is trying to hyjack the process with a closed process
proposal or not, since they can do their thing and the rest of us can
do ours on the net, and we will see who has the best consensus meld in
the end.

Further, the ICANN proposed 5 February deadline no longer holds any
power here, as ORSC can and will continue its editing efforts after
that deadline to see if we can further improve the DNSO draft while
ICANN proceeds to select one from a set of frozen drafts.

If ICANN wants to ignore a better draft application just because it
did not make their arbitrary deadline is their choice to make, and
they will have to live with the consequences of any such decison.

Cheers...\Stef

From your message Mon, 25 Jan 1999 18:38:51 -0500:
}
}[NOTE ==  Please excuse the cross-postings.  The IFWP 
}list is down once again, and this is one way to ensure 
}wide distribution.]
}
}Hello everyone,
}
}What follows is my personal interpretation of the events 
}surrounding the Washington DNSO meetings that occurred on 
}January 21st and 22nd.
}
}History
}
}In response to the ICANN formation process, a self 
}forming group came together and formed the DNSO.org 
}process.  They had two open meetings, one in Barcelona, 
}Spain, and one in Monterey, Mexico.
}
}A rough consensus document was drafted after each of 
}these meetings, and a substantial number of the 
}registries, ISPs, etc. were contributing to the process.
}
}After Monterey, the trademark/business (TB) community 
}decided to put forward their own draft.  In an effort to 
}consolidate these drafts into a single draft, a handful 
}of the DNSO.org leaders started private negotiations with 
}a few of the TB interests.
}
}While the resulting "Merged" draft appeased the TB 
}interests, many of the others who participated in the 
}open DNSO.org process felt alienated.  That's when Dr. 
}Lisse, Michael Sondow, and others started to vehemently 
}complain about how the DNSO.org process had been 
}hijacked.
}
}To build consensus around the "Merged" draft, the TB 
}interests joined with the DNSO.org leaders to plan a 
}closed DNSO meeting on January 21st, and an open DNSO 
}meeting on January 22nd.  It was hoped that these 
}meetings would lead to a single consensus document.
}
}But as these meetings approached, some who were 
}disenfranchised by the "Merged" draft process put forward 
}their own documents.  By the time of the meeting, there 
}were five different drafts on the table.
}
}
}The Outcome
}
}Under the direction of a professional mediator, a 
}representative from each of the five drafts struggled to 
}find areas of agreement, as well as areas where there was 
}no agreement.
}
}My impression of this process was that there are only 
}a few, major philosophical differences that must be 
}resolved.  One is whether the DNSO will feature a top 
}down, or bottom up decision making process.  The other 
}is whether the DNSO membership will be flat and 
}inclusive, or structured and limited.
}
}The way I see this shaping up, we have the TB interests 
}supporting a DNSO that features top down decision making 
}and a structured, limited membership.  We have a majority 
}of the ccTLD and gTLD registries supporting the opposite.
}
}What each side must come to realize is that they each 
}have a veto in this process.  If the TB interests don't 
}agree, then we don't have an agreement.  If the 
}registries don't agree, then we don't have an agreement.
}
}In other words, unless both sides are willing to 
}compromise, we won't have an agreement :-(
}
}The Key to Compromise
}
}To get past the divide that separates these two 
}stakeholder groups, we must get past the goals that they 
}are pursuing, and explore the 

[ifwp] RE: Impressions from Washington

1999-01-27 Thread Richard J. Sexton

At 08:54 PM 1/25/99 -0500, Jay Fenello wrote:
The trademark/business community is *much*,
**much** stronger than ORSC, yet ORSC has 
been able to block (or at least slow down) 
many of the plans that we haven't agreed 
with.

Don't you think they can as well?

The nameserver operators of the world matter. Nobody
else does.


--
"That's why there is a Protocol SO.  To decide what the next
number after 16 is." - Dixon (tinc)

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[ifwp] RE: Impressions from Washington

1999-01-27 Thread William X. Walsh


On 26-Jan-99 Jay Fenello wrote:
 Think of it this way.
 
 The trademark/business community is *much*,
 **much** stronger than ORSC, yet ORSC has 
 been able to block (or at least slow down) 
 many of the plans that we haven't agreed 
 with.
 
 Don't you think they can as well?
 

Maybe I'm naive in this aspect, but quite frankly, no I don't think they can.

Not without a lot of negative publicity.

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E-Mail: William X. Walsh [EMAIL PROTECTED]
Date: 25-Jan-99
Time: 17:52:59
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[ifwp] RE: Impressions from Washington

1999-01-27 Thread Jay Fenello

At 1/25/99, 08:20 PM, William X. Walsh wrote:

On 26-Jan-99 Jay Fenello wrote:
 Hi William,
 
 They have the influence they have,
 and that's enough influence to block 
 *any* proposal put on the table.

People keep claiming this, but I fail to see exactly how they can claim to be
able to do this?

Especially considering that they have been unable to use that influence to get
their rules adopted at legislative levels.

Why are we operating under this assumption?


Think of it this way.

The trademark/business community is *much*,
**much** stronger than ORSC, yet ORSC has 
been able to block (or at least slow down) 
many of the plans that we haven't agreed 
with.

Don't you think they can as well?

Jay.

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[ifwp] Re: Impressions from Washington

1999-01-27 Thread jeff Williams

Jay and all,

  Thank you for submitting this impression Jay.  It is much appreciated
by many I am sure.

  As to your conclusion on these impressions.  In what manner will
a "Consensus" be determined?  Without a viable method on measuring
that there is "Consensus" for any draft, there cannot be a consensus
claimed.

Jay Fenello wrote:

 [NOTE ==  Please excuse the cross-postings.  The IFWP
 list is down once again, and this is one way to ensure
 wide distribution.]

 Hello everyone,

 What follows is my personal interpretation of the events
 surrounding the Washington DNSO meetings that occurred on
 January 21st and 22nd.

 History

 In response to the ICANN formation process, a self
 forming group came together and formed the DNSO.org
 process.  They had two open meetings, one in Barcelona,
 Spain, and one in Monterey, Mexico.

 A rough consensus document was drafted after each of
 these meetings, and a substantial number of the
 registries, ISPs, etc. were contributing to the process.

 After Monterey, the trademark/business (TB) community
 decided to put forward their own draft.  In an effort to
 consolidate these drafts into a single draft, a handful
 of the DNSO.org leaders started private negotiations with
 a few of the TB interests.

 While the resulting "Merged" draft appeased the TB
 interests, many of the others who participated in the
 open DNSO.org process felt alienated.  That's when Dr.
 Lisse, Michael Sondow, and others started to vehemently
 complain about how the DNSO.org process had been
 hijacked.

 To build consensus around the "Merged" draft, the TB
 interests joined with the DNSO.org leaders to plan a
 closed DNSO meeting on January 21st, and an open DNSO
 meeting on January 22nd.  It was hoped that these
 meetings would lead to a single consensus document.

 But as these meetings approached, some who were
 disenfranchised by the "Merged" draft process put forward
 their own documents.  By the time of the meeting, there
 were five different drafts on the table.

 The Outcome

 Under the direction of a professional mediator, a
 representative from each of the five drafts struggled to
 find areas of agreement, as well as areas where there was
 no agreement.

 My impression of this process was that there are only
 a few, major philosophical differences that must be
 resolved.  One is whether the DNSO will feature a top
 down, or bottom up decision making process.  The other
 is whether the DNSO membership will be flat and
 inclusive, or structured and limited.

 The way I see this shaping up, we have the TB interests
 supporting a DNSO that features top down decision making
 and a structured, limited membership.  We have a majority
 of the ccTLD and gTLD registries supporting the opposite.

 What each side must come to realize is that they each
 have a veto in this process.  If the TB interests don't
 agree, then we don't have an agreement.  If the
 registries don't agree, then we don't have an agreement.

 In other words, unless both sides are willing to
 compromise, we won't have an agreement :-(

 The Key to Compromise

 To get past the divide that separates these two
 stakeholder groups, we must get past the goals that they
 are pursuing, and explore the rationale for their
 respective positions.

 For example, the Registries won't support a top down
 decision making process because they are the ones who
 will be impacted by these decisions.  They also know that
 there is no way that ICANN can force them to do anything,
 unless they voluntarily agree to give ICANN that power.

 The TB interests, on the other hand, really need a fast
 and simple way to establish some rules for the Internet.
 They can either build a system of contracts as suggested
 in the White Paper, or they can spend the next 100 years,
 and millions of dollars trying to get legislation and/or
 treaties passed in every country plugged into the
 Internet.

 My point is that both of these stakeholders have
 legitimate concerns.  It is these concerns that need to
 be accommodated in a compromise solution.  Arguing about
 details without addressing these big picture items is a
 waste of everyone's time, and will not get us any closer
 to a single consensus draft.

 Speaking of which, we only have until February 5th to put
 forward a DNSO proposal.  If there is only one consensus
 draft, then it will likely be approved at the ICANN BoD
 meeting on March 3rd.  If not, then all bets are off.

 Respectfully,

 Jay Fenello
 President, Iperdome, Inc.
 404-943-0524  http://www.iperdome.com

 P.S.  This discussion will be continued on the ORSC
 list.  Please join us if you'd like to participate.
 See http://www.open-rsc.org/lists/ for more info.

Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208




[ifwp] RE: Impressions from Washington

1999-01-27 Thread Jay Fenello

At 1/25/99, 07:02 PM, William X. Walsh wrote:

On 25-Jan-99 Jay Fenello wrote:
 The TB interests, on the other hand, really need a fast 
 and simple way to establish some rules for the Internet.  
 They can either build a system of contracts as suggested 
 in the White Paper, or they can spend the next 100 years, 
 and millions of dollars trying to get legislation and/or 
 treaties passed in every country plugged into the 
 Internet.

Let them.  They are already trying, and have resoundingly failed.  They are
only trying here because they know legislative efforts have failed (and most
likely will continue to).

They should have no more influence than any other domain name holders group
(and by their numbers a very small group). 

Or are we giving them higher status because of their money?


Hi William,

They have the influence they have,
and that's enough influence to block 
*any* proposal put on the table.

Jay.

P.S.  This is not just about trademarks.
It's about establishing a new system of
International contracts.



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[ifwp] RE: Impressions from Washington

1999-01-27 Thread William X. Walsh


On 25-Jan-99 Jay Fenello wrote:
 The TB interests, on the other hand, really need a fast 
 and simple way to establish some rules for the Internet.  
 They can either build a system of contracts as suggested 
 in the White Paper, or they can spend the next 100 years, 
 and millions of dollars trying to get legislation and/or 
 treaties passed in every country plugged into the 
 Internet.

Let them.  They are already trying, and have resoundingly failed.  They are
only trying here because they know legislative efforts have failed (and most
likely will continue to).

They should have no more influence than any other domain name holders group
(and by their numbers a very small group). 

Or are we giving them higher status because of their money?


--
E-Mail: William X. Walsh [EMAIL PROTECTED]
Date: 25-Jan-99
Time: 15:58:41
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[ifwp] RE: Impressions from Washington

1999-01-27 Thread jeff Williams


Jay and all,
 I guess I would have to ask, "is this really the point"?
I am a Trademark
Holder and paten holder, yet I do NOT agree with the intent
or verbiage
of the WIPO report, not to mention it overstepped its mandate in the
White Paper. Many companies that I have personally talked to
their
management agree with me on this as well, yet WIPO is espousing
differently. So, William's point is well taken, in that the Trademark
community
is NOT unified behind WIPO, and therefore has not more "STAKE"
than
anyone or any company/organization, and it shouldn't, neither should
any Trademark owner. And THIS IS the point!
Jay Fenello wrote:
At 1/25/99, 08:20 PM, William X. Walsh wrote:
>
>On 26-Jan-99 Jay Fenello wrote:
>> Hi William,
>>
>> They have the influence they have,
>> and that's enough influence to block
>> *any* proposal put on the table.
>
>People keep claiming this, but I fail to see exactly how they can
claim to be
>able to do this?
>
>Especially considering that they have been unable to use that influence
to get
>their rules adopted at legislative levels.
>
>Why are we operating under this assumption?
Think of it this way.
The trademark/business community is *much*,
**much** stronger than ORSC, yet ORSC has
been able to block (or at least slow down)
many of the plans that we haven't agreed
with.
Don't you think they can as well?
Jay.
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Regards,
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208