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    WIPO arbitration on neo-nazi use of domain names | Log in/Create an Account | Top | 12 comments | Search Discussion
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    Re: WIPO arbitration on neo-nazi use of domain nam
    by Anonymous on Tuesday January 29 2002, @03:35PM (#4758)
    The issue of extra-territorial impact of a nation's laws is a complicated issue - one has only to see the conflicting positions between France and the USA in the yahoo situation.

    It is one thing when nations are engaged in this game but quite another when the players are WIPO and its UDRP panels. The government of Germany has many means to exert its powers or to try to induce the country of the respondent to act. WIPO ought not to undertake to act as a private force to vindicate the claimed rights of a country - we already have enough problems deciding who or what is a state actor.

    I find the presence of Jones Day in this matter to be repulsive. Given JDRP's perpetual involvement with ICANN, particularly as JDRP probably advised ICANN in the contents of the UDRP and the selection of the various accredited UDRP providers, there is a likely conflict of interest. Did JDRP follow the laws of California and send to their client ICANN a written notice of the conflict? Did ICANN issue the required written waiver?
    [ Reply to This | Parent ]
    The all-knowing, all-seeing eye of WIPO
    by Anonymous on Wednesday January 30 2002, @06:57AM (#4763)
    will make all of our decisions for us.
    [ Reply to This | Parent ]
    What about other governments?
    by Anonymous on Wednesday January 30 2002, @11:07AM (#4765)
    Hmmm.... I wonder if WIPO would be so helpful in the case of www.taliban.com
    [ Reply to This | Parent ]
    Re: WIPO arbitration on neo-nazi use of domain nam
    by fnord (groy2kNO@SPAMyahoo.com) on Wednesday January 30 2002, @08:12PM (#4769)
    User #2810 Info
    I sure wish I could get worked up about some of these cases, but I can't. I don't see where this is a free speech issue at all, unless one could make the case that the USG via ICANN via the UDRP is infringing on one of its citizen's Constitutional Rights, and if so, the Respondent is free to avail himself of US opportunites for redress. This ruling doesn't particularily lower the bar below that set by this decision regarding 31 domain names similar/identical to Canadian government departments.

    It isn't as though the Government of Germany was reaching out across national boundaries to claim names that the Respondent had a reasonable right to. Nor were they going transborder after a name that might have a restricted use in Germany like nazi.org.

    Free speech here is a red herring, the Respondent could have left the site non-resolving, or marked for sale, or put up a pr0n site, or sold Pokemon cards (such examples covering about 80% of extant .com names) and the same ruling would be equally relevant. Otherwise it just opens another loophole for all squatters to put up sites with some rant on them and claim that (their) freedom of speech is absolute. Look at martinlutherking.org, owned by a neo-nazi. Should his rights trump those of, say, the Martin Luther King estate? I don't think so.

    The Respondent in the current case hasn't been muzzled anyway, amongst other URLs he's still using the bundesinnenministerium sLD, this time in ICANN's shiny new .biz extension (you know, the TLD that was going to be like an up-market .com, motto: nothing personal, just business ...ya right) as a throwaway pointer to his main site (like another 10% of the .com space).

    BTW, the Respondent in the Canadian case, AKA the Domain Baron, AKA the Athiest Messiah (perhaps Joe Baptista or another alt root could interest him in no.g*d), at least put up a game self-defence (Canuck spelling). Is it just me, or is ICANNWatching becoming increasingly theological?

    Seriously though folks, I'm much more interested in the US Federal Judge's ruling in the US Court Thumps UDRP cello.com case than in nitpicking for, or against, those who won't play nice. -g

    [ Reply to This | Parent ]
    Re: WIPO arbitration on neo-nazi use of domain nam
    by Anonymous on Saturday February 02 2002, @03:06PM (#4799)

    [ Reply to This | Parent ]
    Other contexts in which Germany intervenes on the
    by BenEdelman on Thursday October 24 2002, @07:53PM (#9831)
    User #3219 Info | http://cyber.law.harvard.edu/edelman
    Fascinating situation.

    Just today, I happened to release a somewhat related document re exclusions from google.de and google.fr (the German and French versions of Google). Some 100+ sites (at least!) are excluded from one or both of these sitse -- primarily neonazi, white supremacist, etc. content prohibited in Germany. Someone -- perhaps German government staff, perhaps someone else -- apparently affirmatively requested that Google remove each of these sites from its index (as the company only removes pages upon request, but apparently never on its own). The net result (see screenshot) is that the omitted search results simply disappear, while other (lower-ranked) results slide up to fill their places on the results listings.

    Read the report and test the exclusions for yourself.

    Ben Edelman

    [ Reply to This | Parent ]
    Re: WIPO arbitration on neo-nazi use of domain nam
    by Anonymous on Tuesday December 10 2002, @05:44PM (#10516)
    [ Reply to This | Parent ]

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