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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    ICANN opens forum on new TLD applications | Log in/Create an Account | Top | 22 comments | Search Discussion
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    Re:Should the UDRP apply to TLDs?
    by Anonymous on Wednesday April 07 2004, @11:03AM (#13324)
    Karl, ignoring Garry's tired old comments about the UDRP, I'm surprised you would raise this as an issue.

    The UDRP works well, and has been applied in nearly 10,000 cases. It has been upheld in federal court and other national court actions.

    Garry's claims lack merit, and new sponsored TLDs should adopt the UDRP.
    [ Reply to This | Parent ]
    Re:Should the UDRP apply to TLDs? by Anonymous
    Re:Should the UDRP apply to TLDs?
    by KarlAuerbach on Wednesday April 07 2004, @06:58PM (#13325)
    User #3243 Info | http://www.cavebear.com/
    The UDRP is an unmitigated disaster.

    It has never worked well.

    If there were merit in the UDRP then one would think that names of deities, schools, educational institutions, people, cities, and such would merit the right to raise the UDRP to protect those names.

    But no. The UDRP requires a trademark as a condition precedent. That means that the UDRP is only useful as a weapon in the hands of trademark owners. Other people who have rights in a name have recourse for protection to the legal system that the intellectual property people felt was too expensive and too slow for them.

    This is one sided and unfair.

    Moreover, the UDRP was constructed on the backs of net users - Take a look at the history of the UDRP the whole process was corrupted and perverted in favor of a an outcome that vastly extended intellectual property protection beyone anything seen before on this planet - it was a septic conception from the outset.

    If the UDRP were fair and fairly conceived and fairly applied as you suggest, that would only strenghen the argument that the UDRP ought to be applied to ICANN's new TLDs.
    [ Reply to This | Parent ]

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