UDRP paper by PIR Advisory Committee

[Milton Mueller]

As discussed at the Rome meeting, here is a 
brief summary of a policy paper developed
by the PIR policy committee regarding 
modifying the UDRP within .org.

I will send the whole paper if permission
is granted by its author.  

MEMORANDUM 

TO:   PIR Policy Committee 

FROM:  Michael Geist

Milana Homsi 

RE:   Dot-org and the UDRP   

Date:  October 17, 2003 
QUESTION PRESENTED
 

Does PIR have a strong case to change the UDRP provisions to meet the unique needs of .org?  
BRIEF ANSWER

Yes. PIR has a strong case for changing the UDRP to provide more protection to free speech and criticism domain name holders.  However, PIR's options are limited in how to effect such a change as the PIR-ICANN contract leaves little room for flexibility.  Although there are other options notwithstanding the contract, none present PIR with certain success.  More study is needed to develop the viability of the other options for change. 

This memorandum first outlines how the UDRP does not provide enough protection to free speech and criticism domain name holders. It then looks at the scope for change under PIR's contract with ICANN that could lead to having a unique dot-org UDRP that codifies fair use.  It concludes by briefly outlining PIR's potential options for change.