Re: [gnso-rap-dt] cybersquatting edit

[Rod Rasmussen <rod.rasmussen@xxxxxxxxxxxxxxxxxxxx>]

Hey everyone,

I was simply trying to do the best with keeping the original language we'd 
agreed upon.  I don't have a dog in this fight, so am fine with all the 
variants that have popped up, as they are essentially the same.  The 
differences are in anything used as an example - the base case (the one Greg 
originally proposed) is equivalent - the others just either reference other 
material or provide examples.

I'm cool with any of them I've seen so far - in the quest for simplicity 
getting rid of examples is perfectly fine with me.

Rod

Rod Rasmussen
President/CTO
rod.rasmussen@xxxxxxxxxxxxxxxxxxxx

On May 7, 2010, at 6:15 AM, Greg Aaron 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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>> 
> 
> 
> -- 
> Wendy Seltzer -- wendy@xxxxxxxxxxx
> phone: +1.914.374.0613
> Fellow, Silicon Flatirons Center at University of Colorado Law School
> Fellow, Berkman Center for Internet & Society at Harvard University
> http://cyber.law.harvard.edu/seltzer.html
> http://www.chillingeffects.org/
> https://www.torproject.org/
>