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Domain name fair use burden of proof standard indexed browsing and such JMHO
- To: geo-regions-23dec15@xxxxxxxxx
- Subject: Domain name fair use burden of proof standard indexed browsing and such JMHO
- From: Richard Surckla <surcklajr@xxxxxxxxx>
- Date: Sun, 3 Jan 2016 10:36:26 -0500
Speaking generally as a layperson, I would suggest that short of changing
civil laws that modifying the environment is much easier in terms of the
path of least resistance. If one were to search via an indexed browser,
then multiple results are subject to a drop down box or tag for further
refinement or filters that allow for a very quick drill down selection
based upon current sales, productivity, manufacturing, goods or services,
geographic location, primary descriptors of what the business produces and
or makes. It doesn't have to be an overly complicated search algorithm.
In doing so a business who's business is hiding behind the laws to hold a
name hostage for unjustified enrichment will find themselves having to
resort to fabrication of facts and figures for the purpose of maintaining
flow of inquiry. FACTS are stubborn. They do not decay or disappear from
cyberspace. Prevarication and fraud would be met with substantial
penalties. A penalty that would/could include revocation of a ICANN WHOIS
DNS. To reinstate or restore the Domain Name would require a posting of
assets or a bond until the matter was adjudicated in legal action.
What's fair use will eventually come to light in the legal process. If the
stakeholders are putting out assets in a vehicle that makes them subject to
confiscation then the board or owner of those assets will have to answer to
shareholder's and the due diligence of the ultimate decision maker. An
individual whom is pledging assets will undoubtedly give the decision to
post bond or assets most careful consideration.
Keep it simple.
Truly yours,
Richard Surckla, M.Ed.
440-477-8015
surcklajr@xxxxxxxxx
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