UDRP: cultural imperialism

[Adam Peake]

Milton,

Perhaps you could raise this case and issue (prepared question) next
week at the ITU workshop. Christian Wichard will speak on a panel, he
seems to be the boss of the Legal Development Section, WIPO
Arbitration and Mediation Center.

About the case ruling:

"On the other hand, the Complainant is not able to communicate in Korean"

Dassault Aviation has an office in Seoul  (Google, Dassault Aviation
Seoul. Seoul ). Does it matter if you are not entry truthful when
speaking to these UDRP panels?

What if the Respondent were a guy in Mali, and the Complainant a
large UK company?  Sorry... we don't speak French (perhaps I
misunderstand the precedent. I'm guessing it's an issue.)

D (e or i) plus English word was extremely popular (I know, I was
once the proud owner of i-slicedbread.com, now http://www.too-much.tv
is my current home. Boring, sorry!)   "Digital Assault".  Someone
(Ben Edelman?) must have stats on that trend.




perhaps relevant text from WSIS is:

**Declaration of principles:

8)      Cultural diversity and identity, linguistic diversity and local content
52.     Cultural diversity is the common heritage of humankind.  The
Information Society should be founded on and stimulate respect for
cultural identity, cultural and linguistic diversity, traditions and
religions, and foster dialogue among cultures and civilizations.  The
promotion, affirmation and preservation of diverse cultural
identities and languages as reflected in relevant agreed United
Nations documents including UNESCO's Universal Declaration on
Cultural Diversity, will further enrich the Information Society.

53.     The creation, dissemination and preservation of content in
diverse languages and formats must be accorded high priority in
building an inclusive Information Society, paying particular
attention to the diversity of supply of creative work and due
recognition of the rights of authors and artists. It is essential to
promote the production of and accessibility to all
content‹educational, scientific, cultural or recreational‹in diverse
languages and formats. The development of local content suited to
domestic or regional needs will encourage social and economic
development and will stimulate participation of all stakeholders,
including people living in rural, remote and marginal areas.

54.     The preservation of cultural heritage is a crucial component
of identity and self­understanding of individuals that links a
community to its past. The Information Society should harness and
preserve cultural heritage for the future by all appropriate methods,
including digitisation.



**Plan of Action

C8. Cultural diversity and identity, linguistic diversity and local content
23.     Cultural and linguistic diversity, while stimulating respect
for cultural identity, traditions and religions, is essential to the
development of an Information Society based on the dialogue among
cultures and regional and international cooperation. It is an
important factor for sustainable development.

a) Create policies that support the respect, preservation, promotion
and enhancement of cultural and linguistic diversity and cultural
heritage within the Information Society, as reflected in relevant
agreed United Nations documents, including UNESCO's Universal
Declaration on Cultural Diversity. This includes encouraging
governments to design cultural policies to promote the production of
cultural, educational and scientific content and the development of
local cultural industries suited to the linguistic and cultural
context of the users.

Thanks,

Adam




>Marc Schneiders wrote:
>
>>  Am I very biased as a non-native speaker of English? The UDRP case
>>  below was conducted in English even if the rules said it should/could
>>  be in Korean and the respondent demanded that. Reason: Respondent had
>>  replied in English, so has enough English. So never do that?
>>
>  > http://arbiter.wipo.int/domains/decisions/html/2003/d2003-0989.html
>  >
>>  It is a most curious case in other respects as well. Complainants do
>>  not seem to have to prove anything anymore. Mere assertions suffice.
>>  Well.
>
>
>All the rhetoric about the facilitation and development of "local
>language" fapacities for electronic communication and local content
>development to safeguarde cultural diversity in the age of the
>information society - which looks so nice in WSIS documents - sounds
>quite useless if WIPO can act like this.
>
>Norbert Klein
>Open Forum of Cambodia
>
>=
>
>For those who are interested: we started a Khmer language and Open
>Source software initiative in Cambodia; have a not only casual look:
>
>http://KhmerOS.info


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