[ncdnhc-discuss] draft resolution on Intellectual Property and Top-Level Domains

[Dany Vandromme]

I agree with Derek Conant remarks below.
The resolution proposal seems to me just naive.
Dany

Derek Conant wrote:
> 
> To suggest that ICANN should not introduce any further restrictions on
> the registration of new TLDs based on their connection with trademarks,
> and that ICANN should approve all new Top-Level Domain applications that
> can meet fair and reasonable technical criteria, is a broad and unclear
> statement and request that is impossible for ICANN to implement without
> chaos.
> 
> Is this a play to qualify grant moneys and funding, or what?  Is the
> NCDNHC coming up with a resolution here just to say it came up with
> one?  It is disappointing to see such a group of academics ignore the
> basic fundamentals as to why such a resolution is unreasonable and
> impossible for ICANN to implement without chaos.  The resolution does
> not appear to make any sense.
> 
> For example, let's start with 3 basics issues that the NCDNHC resolution
> does not realize:
> 
>       1.  What does ICANN do with multiple new TLD applications for
> different applicants applying for the same new TLD?
> 
>       2.  What does ICANN do with new TLD applications concerning TLD
> terms related to foreign languages and the multilingual issues?
> 
>       3.  What does ICANN do with applicants who appear to be attempting
> to capture certain terms through their new TLD applications?  This is a
> significant concern because I do not believe that private Internet users
> and non-profit groups want a TLD applicant or any other single body
> dictating the definition, use and standards concerning the use of terms
> that may encompass education, legal, medical, travel, freedom, .etc
> industries and interests.
> 
> The problem appears more complicated than the NCDNHC resolution
> proposed.  I don't believe that the Non-Commercial Constituency
> Resolution on Intellectual Property and New Top-Level Domains can be
> made as simple as set forth.  And it seems to me that at least the
> academic representatives in this group should know this.
> 
> The Montevideo meeting is still several weeks away.  The NCDNHC should
> be able to come up with something better than the resolution proposed.
> Or, realize that it is okay to admit that the answer to the problem is
> still maturing and a resolution is not possible at this time.
> 
> Derek Conant
> DNSGA President and Chairman
> 
> Telephone:  (202) 801-0158
> Facsimile:  (202) 234-0685
> E-mail:  dconant at dnsga.org
> 
> Chris Chiu wrote:
> >
> > Non-Commercial Constituency Resolution
> > on Intellectual Property and New Top-Level Domains
> > Montevideo- September 7, 2000
> >
> > Whereas:
> > ICANN does not have the Authority to regulate intellectual property rights,
> > and has neither the mandate nor the expertise to do so;
> >
> > Past attempts to impose intellectual property-based restrictions (both
> > through advance trademark claims within new TLDs and the Uniform Domain Name
> > Dispute Resolution Policy) have contributed to corporate domination of the
> > domain space at the expense of private Internet users and non-profit groups;
> > and
> >
> > These problems have been exacerbated by ICANN's approval of only 7 new TLDs
> > to date;
> >
> > Resolved:
> > ICANN should not introduce any further restrictions on the registration of
> > new TLDs based on their connection with trademarks; and
> >
> > ICANN should approve all new Top-Level Domain applications that can meet
> > fair and reasonable technical criteria.
> > _______________________________________________
> > Discuss mailing list
> > Discuss at icann-ncc.org
> > http://www.icann-ncc.org/mailman/listinfo/discuss
> _______________________________________________
> Discuss mailing list
> Discuss at icann-ncc.org
> http://www.icann-ncc.org/mailman/listinfo/discuss


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