[ncdnhc-discuss] Board Positions on .ORG; Answers from V.Cerf--full text

[Jefsey Morfin]

At 23:20 01/04/02, Michael Froomkin - U.Miami School of Law wrote:
>The standards for what constitutes infringement are set by national law.

I am afraid you mean "are set by US law". Because most of the domain names 
involved in UDRP are managed by US Registries and  the USA are the only 
country with a domain name specific law (ACPA).

This clarifies the issue. It comes from a legal cultures difference with 
most of the other nations.
1. they have no domain name law.
2. should they have one it would probably drastically differs from the US one.
3. a plaintif selected judge carrying drum justice hurts their consumer 
right and jury oriented laws.
4. it is quite surprising that the WIPO is involved and not the WTO.

As a consequence the TM and the DN holders are not properly protected, fear 
innovation instead of benefitiing from it and foreign 
legislations/jurisprudences will progressively diverge creating havoc.

As in every other areas, the world wait for the ICANN to decide if its 
Internet carries data in using datagrams or lawyers yellow pad sheets. The 
trend among Govs is that their Internet uses cheap bytes on shared private 
resources rather than expensive JDRP fees. So IMHO they will not wait for long.

jfc