From: Steve Metalitz [email@example.com]
Sent: Monday, January 10, 2000 5:52 PM
To: 'firstname.lastname@example.org'; Steve Metalitz
Cc: Hans Kraaijenbrink; Ken Fockler; Amadeu Abril;
Eric Brunner; Robert Gough; Louis Touton
Subject: RE: Reconsideration Request 99-1
TO: Andrew McLaughlin, ICANN
FM: Steve Metalitz, Interim President, IPC
RE: Reconsideration Request 99-1
DT: January 10, 2000
responds to your e-mail of December 27, 1999, referring to the
reconsideration request of Eric Brunner and Bob Gough dated June 25, 1999.
I have no personal knowledge of the events from which the
reconsideration request arose. However, in preparing this memo I have spoken
or corresponded with several of the IPC members who were involved and
reviewed some e-mail traffic they have shared with me.
In response to the three specific questions posed in your mail:
(1) Does the IPC allow only non-member "observer" or other inferior
status to Messrs. Brunner and Gough (and other persons interested in the
protection of Indigenous IP rights)? If so, on what basis?
Neither Mr. Brunner nor Mr. Gough has applied for membership in the
Intellectual Property Constituency, although they were invited to do so as
long ago as May 26, 1999. Neither the Secretary of the IPC, nor the
Membership Committee chair, reports receiving any request for membership
information from either individual, nor, as far as can be ascertained, from
any organization with which they are associated.
If they were to apply, the IPC would not restrict them to "non-member
'observer' or other inferior status." Their application (and that of any
organization with which they are affiliated) would be considered based on
the criteria appearing in the IPC Bylaws (see
http://ipc.songbird.com/IPC_Bylaws_dec_15_correct.htm). Please note that
under these by-laws, an individual is entitled to Category 1 membership,
which is non-voting but otherwise fully participatory. Organizations may be
eligible for Category 1, 2 or 3 membership, depending on the application of
the criteria contained in the Bylaws. This distinction between individuals
and organizations applies without regard to the views or interests of the
individuals involved. Except for voting rights and the ability to nominate
candidates for officer positions and Names Council representatives, Category
1 members enjoy rights and privileges within the IPC equal to those of
Category 2 or Category 3 members.
With regard to "other persons interested in the protection of
Indigenous IP rights," we are unable to ascertain from the membership
application documents whether any such persons have applied for IPC
membership. If they do apply, their applications will be handled as
Have the membership criteria for the IPC been applied
Have individuals interested in the protection of Indigenous IP rights been
accorded different or unusual treatment under the rules of the IPC?
The membership criteria for the IPC have been applied consistently to the
best of my knowledge. My inquiries have yielded no evidence whatsoever that
individuals interested in the protection of Indigenous IP rights have
received any different treatment than any other individuals under the rules
of the IPC.
(3) Is there any IPC policy that would prevent persons interested in
the protection of Indigenous IP Rights from participating fully in
There is no policy that would prevent persons interested in the protection
of Indigenous IP rights from participating fully in the activities and
deliberations of the IPC. If such persons participate as individuals, they
would qualify as Category 1 members, which is a non-voting status. If such
persons formed an organization and applied for IPC membership on that basis,
their application would be considered in accordance with the Bylaws, and
their voting participation would turn on the category into which they fell.
In either case, their applications would be welcomed and would be evaluated
impartially and without discrimination.
Your memo did not ask for any comment on any aspect of the
reconsideration request itself, nor on the relief sought. If such comments
would be useful to the Committee on Reconsideration in responding to the
request, please let me know and I will endeavor to provide them or to see to
it that they are provided.