Minutes for IANAPLAN at IETF-95
minutes-95-ianaplan-1

IANAPLAN WG meeting Notes
IETF 95 Buenos Aires
2016-04-06

Meeting notes taken by Eliot Lear

Meeting was called to order at 4:20pm
Note well was shown.
Agenda was bashed - one topic: IPR
Leslie scoped the discussion.  Consensus achieved on our part on the plan
almost a year ago. We are only talking about one point of elaboration.  No
consensus points for today.

Andrew Sullivan then presented
Provision of IANA services to be handled by a neutral party, as proposed by
another community. Supplemental is not yet signed. Principles on IPR for the
lawyers to write an agreement around IPR.

Key points
IETF Trust becomes owner of the trademarks (already doing this for the IETF).
IETF Trust becomes the registrant of the domain name.
A bunch of rules to prevent operational suprises.  Invites people to review.
An advisory body advises the IETF trust, within the bounds of trademark law.
This satisfies the need that is stated by the community.
General agreement from the RIRs and the ICANN community.
As far as Andrew can tell, this doesn't change the trust at all.
The Community Coordination Group (CCG) is composed 3 from the IETF, 3 from the
RIRs, and 3 from the names community tells the Trust what they want to do. Can
the Trust act unilaterally? A trademark owner has to enforce its trademark.

In order to protect the IANA operator, there must be notification given.  After
some period of time, then the Trust could move forward.

The Trust has a fiduciary duty to enforce the trademark, no matter what the
community says.  Trademarks must be used only for licensed use. Trustees could
get in trouble if they didn't enforce the trademark.

Next Steps:
    Any tiny edits.  Andrew hasn't seen any.
    Legal drafting starts next week.

Questions or Comments?

John Levine:
    Basically draft looks fine.
    Exactly what the registrar has to do looks overspecified.  Genericize.

Andrew:
    It's overspecified because one party insisted that it be overspecified.

John Levine:
    Who will pay for incremental costs for trademark maintenance fees?

Andrew:
    That is a problem and I don't think we have agreement about that.
    It seems like the Trust; ICANN has suggested that they set aside some fees,
    but that's not in writing.

John:
    There are no written operational rules for the CCG, like what makes a
    quorom.

Andrew:
    Good idea.  I'll suggest that be added to the document (the CCG publish its
    rules).

John:
    Lawsuits ensue when the rules are unclear.

Russ:
    Thanks to all people who worked on this.  We should state that the CCG
    should be expected to work in an open andtransparent manner with published
    minutes.