Re: [Ianaplan] update on trademarks and domains & IETF trust

[Jari Arkko <[e-mail]>]

John,

> For the most part I agree with the positive comments.

Thanks.

>> c.  The IETF Trust will hold, maintain and renew the IANA IP in accordance with good IP management practices and
>> shall seek new territorial registrations based on the IANA IP as instructed by the IANA IP Reps.
> 
> I wouldn't be comfortable with "as instructed by" because I've seen
> some impressively odd stuff from ICANN's lawyers.  Also, there's the
> chronic problem of lawyers telling you to spend $1000 to avoid a $100
> risk.  (These are specifically not directed at the IETF's lawyer, who
> understands things just fine.)
> 
> I'd suggest "in consulation with" or similar language, to indicate
> that the trust will listen to them but not take orders from them.
> 
> As likely as not, it's not even legal to take orders from them, since
> that leads to perverse results if one of the IP reps tells the trust
> to do something that the trustees consider contrary to the purpose of
> the trust or not in the interest of the other beneficiaries.

A good point, and I like your wording. In any case, the text that I posted
is very high-level language that needs to be realised in more detailed
contracts, but I think we are aware of your point.

Also, “IANA IP Reps” refers to the operational community
representatives, so it isn’t necessarily lawyers. These are the communities
telling the trust something, in relation to their expectations. But
yes, as a general rule, leadership of any organisation needs to
be aware of the 1000 vs. 100 issue your raised.

Jari