Re: [ifwp] FYI: DNRC/NetAction Comments to WIPO

[martys@pop.interport.net]

To Kathy Kleiman, Netaction and the WIPO List:


Kathy Kleiman wrote:

>V.      WIPO Panel of Experts
>
>
>We request that Professor Milton Mueller be added to the Panel of Experts.
>Professor Mueller, as an academic, can work with the Panel of Experts to frame
>issues neutrally.  As an expert in formulating studies, he will be very
>helpful in interpreting the studies presented to the Panel.  In addition, his
>presence will be seen by the "members of the Internet community who are not
>trademark holders," as the acceptance of a non-intellectual property
>representative onto the Panel.


I urge you and Netaction to seriously reevaluate your request that Mueller
be put forth as an "expert."  Without comenting on any your of your
assertions of his expertise in matters which are relevant to WIPO's Panel
and its study, his postings to these lists indicate that, in my opinion, he
does not have the temperment necessary to participate in such an endeavour.
In the last two weeks, he has publicly posted remarks such as:

"CORE should be in there, so should INTA, and NSI, and all the other clowns"

and

"we have to kiss the ass of a bunch of powerful but slow crybabies"


You may not have been familiar with these postings when you wrote your
request, but quite clearly Mueller cannot "frame issues neutrally."  All of
his writings shows an extreme antipathy towards the views of other, these
remarks merely highlight his lack of respect (and in their public
dissemination - the fact that he encourages others to show the same lack of
respect).

Of special significance was his posting two days ago when he referred to
the judge in the One In A Million case as "ignorant."  In my view, this
remark about an esteemed jurist shows a dis-respect for the judicial
process and certainly an intolerance for opposing viewpoints.

No one advocates that the Panel of Experts be of one mind - I think WIPO
understands that.  However, in a study such as WIPO's which seeks to learn,
not debate, the various approaches to dispute resolution in the DNS, it is
hard to see how "balance" is achieved through intemperate un-compromising
views.  I respectfully request that the DNRC withdraws it request.

Martin Schwimmer


>
>Thank you for this opportunity to comment.  We look forward to continuing our
>participation in this process.
>
>DOMAIN NAME RIGHTS COALITION
>Kathryn A. Kleiman, Esq., General Counsel
>Mikki Barry, Esq., President
>
>NETACTION
>Audrie Krause, Executive Director