[ncdnhc-discuss] Resolution on GAC

[Michael Froomkin - U.Miami School of Law]

I really don't see much point in giving in on principle to the idea of
only negotiating at gunpoint.  (i.e after IP/ICANN set the terms of debate
by unilateral action) I think it is despicable of ICANN to never play by
the rules when IP interests come to the table.  I think we have an
opbligation to go down making the bpoijnt that the rules apply to
everyone.  I think this point of principle is much more important than any
single issue.

I think our first reaction must be to demand a return to the status quo
ante. Then we can have our debate.  The issue of geographic names was
fully forseeable. Geography was not a sudden invention.  If the proponents
of that view had been willing to go through they system they could have.

[I'm off to a conference, may be off line till late Monday]

On Fri, 26 Oct 2001, Alejandro Pisanty - CUAED y FQ, UNAM wrote:

> Michael,
> 
> outside the US there is discomfort, if not consensus, with the use of
> geographical names in domain names.
> 
> The Board resolution which I opposed does have an aspect to which you seem
> to turn a blind eye: it establishes a *temporary* freeze on things, in
> order to (re-)open the debate. This may seem useless for some, of course.
> 
> But tell me in all honesty if you really refuse to provide specific,
> focussed, clearly explained arguments to the GAC and to those of its
> members that, even after WIPO-2, still are concerned about the use of
> geographic names over which they feel responsible to their communities.
> This could be one of those occasions in which breast-thumping may be
> useful, attacking the ICANN to which we belong may relieve some stress,
> and talking rationally may actually achieve some effect. Not the least of
> which would be regaining or increasing some legitimacy.
> 
> Alejandro Pisanty
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>      Dr. Alejandro Pisanty
> UNAM  -  Educacion Abierta y a Distancia
> Av. Universidad 3000, 04510 Mexico DF Mexico
> Tel. (+52-5) 622-8713, 622-8633 Fax 550-8405
> 
> http://www.cuaed.unam.mx
> ---->> Unete a ISOC Mexico, www.isocmex.org.mx, www.isoc.org
> =====>>> Participa en ICANN, www.icann.org
> ---->> Internet y Sociedad? www.istf.org
> ..  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> 
> 
> 
> 
> 

-- 
		Please visit http://www.icannwatch.org
A. Michael Froomkin   |    Professor of Law    |   froomkin at law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
                 -->It's very hot and humid here.<--