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    Corinithians Reversed: Federal Court WIPO UDRP Challenge Upheld | Log in/Create an Account | Top | 95 comments | Search Discussion
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    THE SOLUTION TO PROTECT INTERNET FREE SPEECH
    by freespeechcenter (registry@freespeechcenter.org) on Sunday December 09 2001, @06:09AM (#4024)
    User #3147 Info | http://www.freespeechcenter.org

    White Paper Synopsis: "Protecting Internet Free Speech: The FACT Project"

    The "FACT Project" (First Amendment Computer Technology) is a dynamic endeavor of the "Free Speech Center," a division of the Pocono Sports Club, aimed at promoting and preserving Internet free speech in opposition to a corrupt World Intellectual Property Organization (WIPO). The Pocono Sports Club, started by a three-time honorably discharged U.S. military veteran, is an organization registered with the Corporation Bureau, Commonwealth of Pennsylvania, U.S.A., dedicated to the advancement of amateur, international sport and human rights. The Pocono Sports Club raises money for its endeavors via e-commerce. Due to the involvement of the Pocono Sports Club in e-commerce, its founder is also actively engaged in advocacy on behalf of Internet consumers, as can be ascertained from the following links to recent Internet news articles:


    http://stacks.msnbc.com/news/624000.asp


    http://www.icannwatch.org/article.php?sid=421

    PROBLEM:


    Two recent decisions by the World Intellectual Property Organization (WIPO), a member agency of the United Nations have created a global "chilling effect " on Internet free speech, namely the decisions involving the domain names: vivendiuniversalsucks.com and phillipssucks.com. The decisions are the seminal rulings issued to establish global precedent for the restriction of Internet free speech, and the WIPO rulings are based on flawed logic not in accord with either United States or international law.

    The WIPO rulings violate the holdings
    of U.S. Federal Court decisions interpreting the First Amendment to the United States Constitution,
    and the letter and spirit of Article 19 of the United Nations, Universal Declaration of Human Rights.
    The Free Speech Center intends to challenge WIPO in United States DistrictCourt and before a tribunal of the United Nations in the very near future with regard to its flagrant disregard for longstanding principles of international law:

    Article 19. United Nations, Universal Declaration of Human Rights.

    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers.

    The two highly questionable decisions by WIPO can be reviewed at the following links:

    http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1121.html


    http://arbiter.wipo.int/domains/decisions/html/2001/d2001-1195.html


    SOLUTION:


    The Free Speech Center, a division of the Pocono Sports Club, has acquired all of the global second level Internet domains in the format,
    gTLDsucks.info and gTLDprotest.info, e.g. comsucks.info, comprotest.info, bizsucks.info, bizprotest.info, intsucks.info, intprotest.info, etc. Through its "Free Speech Center" the Pocono Sports Club will soon be able to offer free to any not-for-profit, organization in the world, third level domains with forwarding to the web page of the not-for-profit organization's choice.
    For example, the Pocono Sports Club maintains a web page at http://www.poconosports.com to support an ebay e-commerce, fundraising endeavor. If in the near future, an Internet consumer was dissatisfied with the customer service or products of the Pocono Sports Club, a not-for-profit consumer organization could contact the Free Speech Center via www.freespeechcenter.com (under construction) and pursuant to the "FACT Project" (First Amendment Computer Technology) a consumer organization would be given, free-of-charge, if available, the third level domain
    poconosports.comsucks.info or poconosports.comprotest.info with uniform resource locatior (URL) forwarding to
    the web page of the consumer organization's choice.

    Accordingly, the consumer organization could then publish a protest website at either www.poconosports.comsucks.info or www.poconosports.comprotest.info as a factual counterpoint to the content published by the
    Pocono Sports Club at www.poconosports.com. The Free Speech Center is positioned to offer to the global Internet community, pursuant to its "FACT Project," third level protest domains for use in creating two protests websites as factual counterpoint to any Internet website bearing a global top-level-domain name, thereby, protecting Internet free speech for the benefit of the world citizenry in current and future generations.

    "One World United" for Internet Free Speech

    [ Reply to This | Parent ]
    THE SOLUTION TO PROTECT INTERNET FREE SPEECH by freespeechcenter
    Re: That's great
    by freespeechcenter (registry@freespeechcenter.org) on Monday December 10 2001, @02:54AM (#4038)
    User #3147 Info | http://www.freespeechcenter.org
    Thank you for your opinion. As noted by the U.S. Court of Appeals for the First Circuit in the Corinthians case, The Anticybersquatting Consumer Protection Act (ACPA) attempts to balance protection for trademark holders from cybersquatters with protection for rightful domain owners from trademark owners who abusively assert their trademark rights to effect "reverse domain name hijacking." The Appellate court maked the following observation in the Corinthian case:

    "[i]n the past confusingly similar trademarks could exist simultaneously in different geographical areas or in different business sectors without creating consumer confusion. The internet has drastically changed this situation because a domain name is both unique and global in scope."

    In fact, in the Corinthians' case, the Brazilian Corporation, Corinthians Licenciamentos, LTDA, unsuccessfully argued before the U.S. Circuit Court of Appeals that it was NOT a "mark owner" because it had not registered "Corinthians" as a U.S. trademark, attempting to remove the dispute from the umbrella of protection for American, domain name holders provided by ACPA with regard to reverse domain name hijacking, especially with regard to the statutory provision of the ACPA at 15 U.S.C. § 1114(2)(D)(v):

    "A domain name registrant whose name has been suspended, disabled, or transferred under a policy described under clause (ii)(II) may, upon notice to the mark owner, file a civil action to establish that the registration or use of the domain name by such registrant is not unlawful under this chapter."

    In rejecting the Brazilian Corporation's ploy, the Appellate court made the following observation in its analysis of trademark interests versus domain name holder interests:

    "[i]t would be very odd if Congress, which was well aware of the international nature of trademark disputes, protected Americans against reverse domain name hijacking only when a registered mark owner was doing the hijacking. Such a policy would permit American citizens, whose domain names are subject to WIPO transfer orders, to get relief against abusive mark owners that have registered in the U.S., but not against abusive mark owners that have not registered (including both foreign mark owners and domestic mark owners that have not registered). It would leave registrants unprotected against reverse domain hijackers so long as the hijackers are not registered with the PTO [U.S. Patent and Trademark Office]."

    It is the position of the Free Speech Center that the World Intellectual Property Organization (WIPO) proceedings pursuant to the ICANN mandated Uniform Domain Name Dispute Resolution Policy (UDRP) have become a "kangaroo court" where abusive, foreign trademark owners with questionable marks can "buy" a UDRP ruling, allowing the abusive, foreign trademark owners to strip domain names from rightful, American domain name owners. The Free Speech Center will be offering the "FACT Project" in the near future, and it will provide pro-bono, (volunteer) legal representation in United States District Court for Americans victimized by WIPO orchestrated reverse domain name hijacking.

    Additionally, the Free Speech Center is preparing a Resolution 1503 Complaint for filing with the United Nations, High Commissioner on Human Rights, Geneva Switzerland, to challenge WIPO, a member agency of the United Nations, with regard to its flagrant violations of Article 19, United Nations, Universal Declaration of Human Rights with regard to global, Internet free speech:

    Article 19. Universal Declaration of Human Rights

    Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers


    [ Reply to This | Parent ]
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