ICANNWatch
 
  Inside ICANNWatch  
Submit Story
Home
Lost Password
Preferences
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    Uniform Dispute Resolution Policy (UDRP) Responses are needed to WIPO-2!
    posted by jon on Wednesday May 16 2001, @04:54AM

    Anonymous writes "Responses are needed to WIPO-2...especially if you oppose some or all of the conclusions in the Interim Report.

    I have submitted a response, and a summary of my comments is below."



    The response is also posted at:

    http://www.cyberspaces.org/wipo2response.html

    A SUMMARY:

    The Interim Report recommends that the protection of personal names in the Domain Name System (DNS) be added to the scope of protections that may be resolved through arbitration under the UDRP. The basis of WIPO’s recommendation is an apparent concern that celebrities or people of famous or notorious standing might be conspicuous targets for Cybersquatting. This conclusion is ill advised, and should be flatly rejected by the Internet Corporation for Assigned Names and Numbers (ICANN).

    In sum, the WIPO-2 preliminary recommendation should not be adopted in the final report. In the event that it is adopted by WIPO, ICANN should reject the recommendation for the following reasons:

    (1) The completion of bottom-up substantive discussions concerning the UDRP and a review of the effectiveness of the existing implementation of the UDRP must occur prior to any consideration of expanding the scope of the UDRP;

    (2) That existing laws of the States of the world adequately protect personal names, and to the extent that they do not the legislation of new law should only be effected through representative and legitimate law-making authority, not ICANN;

    (3) The recommendation does not accord sufficient respect for rights outside of the intellectual property area and, in particular, the creation of a right of personality in domain names will have a direct and significant chilling effect on free expression as to matters of popular culture and public policy;

    (4) The current UDRP and the arbitration decisions interpreting it provide no basis to distinguish common names from “famous” or notorious names. Nor is this fundamental shortcoming answered by direction or instruction from the Interim Report; and

    (5) After a thorough-going review of the existing UDRP, it may well-serve the consensus of ICANN participants to modify the UDRP to protect the names of any individuals who can demonstrate that the name qualifies as a trademark under the law of a relevant State.

    Rod Dixon
    Visiting Assistant Professor of Law
    Rutgers University Law School - Camden
    www.cyberspaces.org
    rod@cyberspaces.org

     
      ICANNWatch Login  
    Nickname:

    Password:

    [ Don't have an account yet? Please create one. It's not required, but as a registered user you can customize the site, post comments with your name, and accumulate reputation points ("karma") that will make your comments more visible. ]

     
      Related Links  
  • http://www.cyberspaces.org/wip o2response.html
  •  
    This discussion has been archived. No new comments can be posted.
    Responses are needed to WIPO-2! | Log in/Create an Account | Top | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.


    Search ICANNWatch.org:


    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com