[NCSG-Discuss] Independent Objector Weighs In on "closed/private" tlds

Carlos A. Afonso ca at cafonso.ca
Sat Mar 16 20:43:39 CET 2013


MM gets nervous easily... :)




------------
C. A. Afonso

-------- Original message --------
From: Milton L Mueller <mueller at SYR.EDU> 
Date: 16/03/2013  11:23  (GMT-03:00) 
To: NCSG-DISCUSS at LISTSERV.SYR.EDU 
Subject: Re: [NCSG-Discuss] Independent Objector Weighs In on "closed/private" tlds 
 
> -----Original Message-----
> 
> Actually Argentina is far from the Amazon region, but they participated
> in the campaign regarding .amazon as we supported the one against
> .patagonia.

And both objections are silly and parochial, imho. Argentina's fight against .patagonia in particular is a petulant claim to a property right over a word, worse than the trademark maximalists. It's worse because at least with TM claims there is a law that defines (and limits) the rights and an economic rationale for some kind of exclusivity (consumer confusion). What law supports and what limits apply to a national government's claim to own a word? 

Please tell me, all you information commons supporters, why you have a soft spot for exclusivity when nationalist sentiment is involved? 

Please tell me, what exactly is the harm that will be done to anyone by a sports equipment mfr having .patagonia as a domain, or by a famous company having .amazon as a domain? I would really like to know. Concrete harms, please, not symbolic. It's not like anyone else had big plans for those domains.  

And also let me ask: do you think the companies should have been denied the right to use the words "Amazon" and "Patagonia" as their brands to begin with? 

Let's go further: When Terry Gilliam named his 1980s film "Brazil" should he have been subject to an "independent objector"? If I want to name my pet snake "Amazon" do I need the permission of the governments? Or the aboriginal tribes (who don't even call it that?) Or the permission of ICANN? 
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