[ncdnhc-discuss] Some NGOs that share SLD strings with .com or .net firms

[James Love]

Kathy, I could also post decisions that have not gone well, and indeed, we
have a web page with all sorts of cases discussed, here:

http://www.cptech.org/ecom/icann/domaindisputes/domaindisputes.html

You suggest that giving additional rights to use strings by non-commercial
entities is additional ICANN regulation.   From the point of view of someone
who does not use .org for commercial purposes, it seem to give ICANN less
regulation over our use of a string, in that it would be less likely that a
commercial trademark owner could take it away in a UDRP (or modified DRP)
proceeding.

I am surprised that you defend the current system as one that "works -- and
works well!"   In some well known areas, the UDRP decisions have be subject
to criticism, such as cases where commercial trademarks (including foreign
trademarks) are used to take down protest sites, for example, or where
parody or criticism are not considered legitimate uses.  Related (not
directly on point)speech cases, such as the decision in
csa-international.net ("Respondents claim to rights and legitimate interests
is essentially based on a claim to freedom of speech and, expression of
opinion, but that right does not require the use of Complainant's trade
marks in the domain names for that purpose.") and kwasizabantu.org ("The
admitted nature of the use of the domain names ... includes alternative
views and indeed critical views concerning ... [KwaSizabantu] and its
activities. The Panel holds such activity amounts to tarnishing the
activities associated with the trademark or service mark "KwaSizabantu" ...
. Therefore, ... [Rost] does not establish any rights or legitimate
interests ...") illustrate some of the concerns.

You may think this is fine.  We think it presents problems and risks for
non-commercial domain holders, and the proposals that I offered were an
attempt to address this problem.

You seem anxious to characterize *any* criticism of the UDRP or suggestions
for changes as intrusive and regulatory.   I think this is a good debating
strategy, but it does not address fairly the question of the regulatory
nature of the status quo.   If the UDRP can take away a domain from a
non-commercial organization, this is the baseline that you are defending.
I do not see why a commercial trademark owner should have a claim on a
string used for non-commercial purposes on .org.   As you know also, the
UDRP already looks at where or not domain names are used for commercial or
non-commercial purposes, but within a narrower context.  I would expand that
analysis, for .org domain names.  I  believe also this is quite close to the
"marketing" restrictions on .org that have already been embraced by many
others looking at .org.   In many ways this is a simple way to make that
marketing distrincition.     I would again point out that when NetSol
eliminated the .net restrictions, some lost their domains in subsequent UDRP
decisions to companies that had nothing to do with network services.

I can understand why someone could reject my proposal, but I don't think the
references to intrusive social controls are accurate.

 Jamie

----- Original Message -----
From: <KathrynKL at aol.com>
To: <love at cptech.org>; <discuss at icann-ncc.org>
Sent: Thursday, March 21, 2002 10:49 AM
Subject: Re: [ncdnhc-discuss] Some NGOs that share SLD strings with .com or
.net firms


> Jamie:
> what you have proven below is the existing system works -- and works well!
>
> Commercial companies want .COM; organizations, associations and
individuals
> want .ORG.  Every single example you provide below shows that the process
of
> self-organization in the gTLDs is working.    This is the essence of the
> market working exactly right.  There is absolutely no need for any
additional
> ICANN regulation.
>
> kathy kleiman
>
> > http://www.ala.com/   Andrew Lloyd & Associates
> > http://www.ala.net   ALANet INternet Services
> > http://www.ala.org   American Library Association
> >
> > http://www.acm.com/   Adams Capital Management
> > http://www.acm.org/   the Association for Computing Machinery
> >
> > http://www.cpsr.com  CPS Resarch
> > http://www.cpsr.org    Computer Professionals for Social Responsibility
> >
> > http://www.epic.com   EPIC Technology Group Solutions
> > http://www.epic.org Electronic Privacy Information Center
> >
> > http://www.apc.org/  The Association for Progressive Communications
> > http://www.apc.com  The American Power Conversion Corporation
> >
> > http://www.mediaaccess.com/   Medica Access Internet Solutions
> > http://www.mediaaccess.org   The Media Access Project
> >
> > http://www.aaa.com  the American Automobile Association
> > http://www.aaa.org/ the Amateur Astronomers Association of NY
> >
> > http://www.att.com   AT&T
> > http://WWW.ATT.ORG  / Associated Talmud Torahs
> >
> >
>
>