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    Unix.org reverse-hijacked | Log in/Create an Account | Top | 19 comments | Search Discussion
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    Re: Unix.org reverse-hijacked
    by Anonymous on Thursday July 11 2002, @10:39AM (#7785)
    stupid !
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by Anonymous on Thursday July 11 2002, @01:47PM (#7788)
    Hello,

    I am the one who lost unix.org. I am looking for help! Its obvious that I couldn't afford a lawyer, or I would have retained one. Also, based on previous cases, it seemed that it was open and shut in my favor. The burden of proof on the complainant was so heavy to prove that by passively holding the name I was causing them harm, I thought it was a no-brainer.

    And here is the most amazing thing you will hear about the whole case. The website that the panelist claims is mine, that contains links to astalavista.box.sk and casinos is not even my site! It seems that the panelist simply typed by company name into google.com, and clicked a link containing ByteRage, and assumed it was my site! On top of that, the UDRP rules do not contain any allowances for a panlist to gather their own evidence, which the panelist clearly was doing.

    Anyways, this issue is gathering steam quickly. I appeal to the community for support. This is no longer about me, but about stopping these injustices from continuing. If ever there was a cornerstone case for UDRP reform, this is it!

    -Marshall Sorenson
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by Anonymous on Thursday July 11 2002, @04:49PM (#7791)
    Reading the decision, I would conclude that no registrant other than X/Open could ever validly hold the domain, because "[t]he word UNIX is an invented word", and "[X/Open's] UNIX marks are very well known". I interpret Panelist's remarks as finding that a reasonable person should know that "UNIX" is a trademark...so on its face any attempt to register is a violation of element (ii).

    But I think X/Open would be wrong to obtain it as well, since they are clearly a commercial organization. (Consider this ICANN .org proposal assessment guideline:
    "A key objective is differentiation of the .org TLD from TLDs intended for commercial purposes...
    and minimize defensive...registrations.
    ") Wouldn't it be more logical (based on these statements) to say that nobody should get the domain?

    I find the bad faith finding very disturbing:
    "[T]he Respondent's planned and partially developed web site ... is already designed to contain links to commercial sites."
    Note that the site doesn't have to contain links to commercial sites; it must simply be "designed to contain" those links to be evidence of bad faith.
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by dtobias (dan@tobias.name) on Thursday July 11 2002, @05:34PM (#7794)
    User #2967 Info | http://domains.dan.info/
    Well, this isn't the most awful decision they've rendered, by any means, but they did seem to once again pull "bad faith" out of nowhere.

    Unix [tm] is indeed a trademark, and always has been, but it's one that is probably vulnerable to challenge in court over having become generic (like "escalator" and "zipper" before it)... it's been many years since "Unix" has referred coherently to a specific product from a particular vendor (you'd have to go way back to when AT&T was still in charge of it). Nowadays, in the mindspace of the computer-using public, "Unix" merely refers to a vague and fuzzy cluster of operating systems that have a certain degree of similarity to one another (some of which have "Unix" as part of their official names and some don't), as well as the user and developer community and culture that have developed around these systems.

    Even within the "geek" community, if you ask people who owns the trademark to Unix, they'll probably mostly say, "Well, it used to be AT&T or Bell Labs or something like that, but didn't somebody else take it over or something? I'm not sure. Maybe it's public domain now... I don't see commercial stuff marketed under that name much any more. Linux seems to be where the action is these days."

    Linux, for its part, has maintained a better degree of coherency despite being an open source project. That name still refers to a specific systems software project with specific people in charge of it, and is hence more protectable as a trademark.
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by fnord (groy2kNO@SPAMyahoo.com) on Tuesday July 16 2002, @05:36AM (#7894)
    User #2810 Info
    For the record, unix.net has also now been awarded to complainant. -g
    [ Reply to This | Parent ]


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