Re: [gnso-rap-dt] cybersquatting edit

[Frederick Felman <ffelman@xxxxxxxxxxxxxxx>]

The edit is inaccurate.  It does not reflect the decision by the group, the
report as submitted the text of our definition of Cybersquatting is cited in
the report on page 25 in Section 5.1.1 as follows:

"Cybersquatting is the deliberate and bad-faith registration or use of a
name that is a registered brand or mark of an unrelated entity, for the
purpose of profiting (typically, though not exclusively, through
pay-per-click advertisements). Cybersquatting is recognized as an abuse in
the ICANN community, and the UDRP was created to address this abuse. There
was consensus in the RAPWG that provisions 4(a) and 4(b) of the UDRP are a
sound definition of cybersquatting.11"
 
I disagree with the edit as proposed

On 5/7/10 6:15 AM, "Greg Aaron" <gaaron@xxxxxxxxxxxx> wrote:

> 
> Wendy's edit is accurate.
> Regarding Rod: if we are referencing the definition in the UDRP (and the
> group had consensus agreement that it was the good definition of
> cybersquatting), why don't we just reference instead of making
> characterizations about motive?  Just seems cleaner not to.
> 
> All best,
> --Greg
> 
> 
> 
> -----Original Message-----
> From: Wendy Seltzer [mailto:wendy@xxxxxxxxxxx]
> Sent: Thursday, May 06, 2010 8:14 PM
> To: Rod Rasmussen
> Cc: Greg Aaron; gnso-rap-dt@xxxxxxxxx
> Subject: Re: [gnso-rap-dt] cybersquatting edit
> 
> One critical edit: "cybersquatting is the deliberate and bad-faith
> registration *AND* use of a name...," as the UDRP defines it.
> 
> --Wendy
> 
> Rod Rasmussen wrote:
>> How about this sentence reshuffling alternative that keeps the primary
> methodology mentioned (which people are familiar with) and should take care
> of Bruce's concern:
>> 
>> Cybersquatting is the deliberate and bad-faith registration or use of a
> name that is a registered brand or mark of an unrelated entity, typically,
> though not exclusively, for the purpose of profiting through pay-per-click
> advertisements...
>> 
>> Rod
>> 
>> On May 6, 2010, at 12:50 PM, Greg Aaron wrote:
>> 
>>> Dear WG:
>>>  
>>> For the definition of cybersquatting in 5.1.1: Our report says:
> "Cybersquatting is the deliberate and bad-faith registration or use of a
> name that is a registered brand or mark of an unrelated entity, for the
> purpose of profiting (typically, though not exclusively, through
> pay-per-click advertisements).... There was consensus in the RAPWG that
> provisions 4(a) and 4(b) of the UDRP are a sound definition of
> Cybersquatting."
>>>  
>>> In the Nairobi comment session, Bruce Tonkin noted that the above is
> internally inconsistent.  Profit is not always a motive for all
> cybersquatters.  Sections 4(a) and 4(b) of the UDRP mentions other proofs of
> bad faith (such as "disrupting the business of a competitor.")   And its
> mentions profiting by getting people to come to the site.
>>>  
>>> So, I propose we just delete the phrase "for the purpose of profiting
> (typically, though not exclusively, through pay-per-click advertisements)".
> I think that would make the statement accurate, and respects the
> conversations we had in the WG.  Are there any objections?
>>>  
>>> All best,
>>> --Greg
>>>  
>>>  
>>> **********************************
>>> Greg Aaron
>>> Director, Key Account Management and Domain Security
>>> Afilias
>>> vox: +1.215.706.5700
>>> fax: 1.215.706.5701
>>> gaaron@xxxxxxxxxxxx
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>>>  
>> 
>> 
>