[Fwd: Re: [gtld-council] NCUC proposals to amend gnso recommendations on new gtld policy]

[Norbert Klein]

Hi Robin,

I do not know how to express well how I feel: you deserve a BIG ORDER OF
MERIT. Without your professional knowledge AND your commitment to our
cause we would be hopelessly at the losing end of this fight. Thanks a lot.

Secondly, it is probably difficult to collect the type of information
Liz is asking for - and you handed it to the NCUC community. An answer
would require a similarly thorough professional knowledge, and I am not
sure how many of us, in other countries, in the NCUC community and our
friends and allies would have it.

Therefore, I think what is most important is to keep things open - as
you do in your argumentation: it is none of ICANN's business to set
international law.  Full stop. That is the most important argument I can
see.

But based on this, it is very helpful to see all the specific cases
which you quote, basically from the US context, which shows that even
for the US situation things are not as simple and straightforward as
Mike Rodenbaugh and others say. They are just accustomed to be normally
in a winning mood with their legal argumentation based on laws which
often have been made to support their case - of the big business, they
defend.

But ultimately,  I often remember a very crucial debate in a high level
finance committee in Germany many years ago (on an international support
action) - where one member questioned whether it is "legal" to support a
certain critical group in another country. Then, another, a kind of
gray-haired senior, said: "I do not know if it is legal, but it is
legitimate."

There was quite some commotion, about such a "nonsensical"
argumentation. Then this guy asked back, if the rest remembers anything
from the time when a certain group of people ruled the country, during
the time of the last big war from 1945 to 1945. "We did a lot of things
which were not legal, but we had to do them because they were legitimate."

=

I am aware that my recollections and reference are from a different time
and context - when an "absolute power" tried to decide what is right and
what is wrong. But I cannot help to think that the present IP and WIPO
and TRIPS ideology is also not completely unrelated to structures of
absolute power that try to impress the rest of the world  by a "might
makes right" ideology.

Thanks again, Robin, and I hope many others will join our efforts,


Norbert

=

Robin Gross wrote:
> Is there any input from outside the US regarding case law on the
> boundary between free expression and trademark rights in domain names?
>
> Thanks,
> Robin
>
> -------- Original Message --------
> Subject:     Re: [gtld-council] NCUC proposals to amend gnso
> recommendations on new gtld policy
> Date:     Tue, 5 Jun 2007 01:15:20 +0200
> From:     Liz Williams <liz.williams at icann.org>
> To:     robin at ipjustice.org
> CC:     gtld-council at gnso.icann.org
> References:     <4661A776.1050206 at ipjustice.org>
> <9B5C12743D26C94CB3CB22524DC98D4E0434B009 at SNV-XCHMAIL2.xch.corp.yahoo.com>
> <46649B66.8090301 at ipjustice.org>
>
>
>
> Hi Robin
>
> Thanks for this ongoing debate.  Do you have any other examples that
> would help the discussion outside the US?  Not all countries have any
> First Amendment-like rights and it would be useful to have this
> discussion on a broader basis.
>
> Liz


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