[ncdnhc-discuss] .org issue
KathrynKL at aol.com
KathrynKL at aol.com
Tue Mar 19 18:48:47 CET 2002
Jamie Love wrote: <<
I ask that the following issue be addressed in the .org designation. I
would like to see some understanding that ICANN considers .org to normally
be for use by not for profit entities, rather than for businesses, and that
this should be taken into account in UDRP decisions.
.... I would like to make sure that this
understanding is recognized by the UDRP. >>
Jamie:
I have to disagree completely with you on this one. I do not think that
ICANN should be doing what you propose; and the UDRP is not intended for
review of content. Why should ICANN protect non-profit organizations over
all other types of noncommercial communication in .ORG? Here are some of my
key concerns with your proposal:
- non-profit is largely a US and perhaps European legal, and tax, construct.
even in the US, non-profit is so time-consuming, expensive and difficult that
even organizations which are not commercial do not do it until they are more
mature or large enough to support an accountant (Domain Name Rights
Organization, which I co-founded, as an example). why do we have to push
organizations/individuals/families to fall into this classification?
- non-profit is only one small class of organizations. Organizations,
overall, include professional, personal, athletic, student, political,
community and a million other types of organizations. What they generally
share in common is that their goal is not money-making, but some sort of
activity or communication among its members or participants. All of these
groups currently operate in .ORG. Why in the world would we want to create a
preference for non-profit organizations above other types, forms and
constructs of organizations?
- non-profit does not mean non-commercial. many trade associations are
non-profit (most with membership lists that are completely corporate). I
thought the focus of .ORG -- as embraced by the NCC and by the Names Council
Task Force report -- was (and should be) its noncommercial orientation. I
have been looking at .ORG carefully in the last few weeks. Within it I see
extremely valuable noncommercial communication that is personal, individual,
family, group, etc.
+ I see websites devoted to political information and discussion (such
as information about a country's difficult election posted by people
outside the country for people inside the country to read where there
may not be a free press). I see websites and domain names used for
social communication (including discussions of parenting,
gardening and cooking). Why in the world should this
communication have to be endorsed by a "nonprofit organization"
for it registered or protected in .ORG -- now and in the future?
Your proposal to expand UDRP from trademark to content control sends a chill
up my spine. There must be other ways to protect what you want -- and BTW,
you have a common law trademark under US law in both CPT and Consumer Project
on Technology.
regards, kathy
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