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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 PROTECH INTERNET FREE SPEECH
    by freespeechcenter (registry@freespeechcenter.org) on Sunday December 09 2001, @06:11AM (#4025)
    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 PROTECH INTERNET FREE SPEECH by freespeechcenter
    Re: THE SOLUTION TO PROTECH INTERNET FREE SPEECH
    by fnord (groy2kNO@SPAMyahoo.com) on Sunday December 09 2001, @07:31AM (#4026)
    User #2810 Info
    Freespeechcenter writes:
    The [vivendiuniversalsucks.com and phillipssucks.com] decisions are the seminal rulings...
    These are not seminal rulings. Rulings on *sucks sites have gone both ways. Besides, if you follow the UDRP at all you'll know that there is no such thing as a seminal ruling, arbitrators choose or ignore such precedents as they see fit.

    The UDRP should be scrapped for any number of reasons, using your freedom of speech rights to advertise poconosports.com does nothing to advance that aim. -g

    [ Reply to This | Parent ]
    PhillipsSucks
    by mjrippon on Monday December 10 2001, @02:16AM (#4037)
    User #2960 Info
    Have you even read this decision? You seem to be completely missing the point. The panellist in that case was making the point that the Respondent had focussed on the fact that the domain name was not confusingly similar to the Complainant's mark, when what he should be focussing on was that he had a legitimate right to use the domain name (eg. he had a point to make - he didn't) and/or that the name wasn't registered or used in bad faith (eg. he was entitled to use the mark in the domain name as he had a legitimate point to make, regardless of the merits of that point).

    In all your whinging none of you deal with the point made in both the Phillips and VivendiUniversal cases that someone who does not speak English as their first language may well recognise the mark but not the use of the "sucks" suffix. I am glad that both cases involved the use of English panellists. From what I see of the postings on this site, some Americans don't seem to understand that there are people in the world who don't actually understand English. At least we are used to dealing with foreign languages in our European context.

    In PhillipsSucks, if the Respondent had used the domain name to say something - anything - about Phillips then he would have a case to make. He could argue that he was a legitimate user and is not making bad faith use. The problem for him was that he was not a legit user, and he was found to be making bad faith use. The panellist considered whether the Respondent was making good faith non-commercial use of the domain name and concluded on the evidence before him that he was not. That's what arbitration is all about.

    What I object to is this theory used by some panellists that using a mark in a -sucks domain name is effectively competing with the mark in question and therefore bad faith. THAT is what prevents free speech, but that is NOT what PhillipsSucks was all about....

    mjr
    [ Reply to This | Parent ]


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