RE: [gnso-rn-wg] Follow-Up to Today's Call

["Michael D. Palage" <Michael@xxxxxxxxxx>]

Mike,

While you and I both agree on the importance of protecting consumers
against fraud, there is the issue of "scalability." In the WIPO II
report it states that there are "limits of what can be achieved through
the consultation processes, such as WIPO Internet Domain Name Processes
or any similar ICANN processes."  As the former chair of ICANN's Working
Group B on protecting famous trademarks I can tell you that there this
is still a lack of uniform international law to address this situation. 

When faced with a lack of uniform international law, ICANN should tread
very careful as the WIPO II report also states "[i]t is submitted that
any protection offered in the gTLDs to country names (as well as any
other place names), as such, would amount to the creation of new law, as
least from the international intellectual property perspective. A
recommendation to adopt such measures consequently would be a departure
from one of the fundamental principles underlying the Report of the
first WIPO Process, namely, the avoidance of the creation of new
intellectual property rights or the enhanced protection of rights in
cyberspace compared to the protection that exists in the real world."

The reason I challenged the basis of ICANN's reservation of this small
subset of names is exactly because of the slippery slope which you
appear to be advocating.

Notwithstanding this different perspective, I hope that it will advance
a constructive discussion within the group.

Chuck, with regard to your suggestion I see no down side to asking ICANN
for a statement of their position on the reservation of these names.

Best regards,

Michael





-----Original Message-----
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Mike Rodenbaugh
Sent: Thursday, February 15, 2007 5:49 PM
To: Gomes, Chuck; Michael D. Palage; gnso-rn-wg@xxxxxxxxx
Subject: RE: [gnso-rn-wg] Follow-Up to Today's Call


I think when users are confused or defrauded, security and stability
suffers.  So I think there is rational basis for these names to be
reserved.  Same with NGOs.  Same with famous brands.  It is a much
bigger security issue when users are confused about Yahoo! or eBay or
Citibank, etc., then when they are confused about IANA.  And it
certainly is not fair that businesses have had to pay for their
defensive reservations, yet ICANN, IANA and Afilias, at least, have long
recognized the issue and protected themselves.  

I think ICANN/IANA names should continue to be reserved as they have
been, for security reasons apparently, and we should figure out a way to
reserve domains related to other entities which pose bigger security
threats than these.

Mike Rodenbaugh

Sr. Legal Director

Yahoo! Inc.

 

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-----Original Message-----
From: owner-gnso-rn-wg@xxxxxxxxx [mailto:owner-gnso-rn-wg@xxxxxxxxx] On
Behalf Of Gomes, Chuck
Sent: Thursday, February 15, 2007 2:40 PM
To: Michael D. Palage; gnso-rn-wg@xxxxxxxxx
Subject: RE: [gnso-rn-wg] Follow-Up to Today's Call

Thanks Mike.  Regarding the reservation of names such as IANA, ICANN,
GNSO, IAB, 
IETF, etc., maybe we should request ICANN senior management and General
Council feedback on this to get a statement regarding how they view
this.  How important is it to them to continuing reserving these names
and  how would they fend off potential criticism by NGOs if the
requirement is continued?

Thoughts? 

Chuck Gomes
 
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> -----Original Message-----
> From: owner-gnso-rn-wg@xxxxxxxxx
> [mailto:owner-gnso-rn-wg@xxxxxxxxx] On Behalf Of Michael D. Palage
> Sent: Thursday, February 15, 2007 2:59 PM
> To: gnso-rn-wg@xxxxxxxxx
> Subject: [gnso-rn-wg] Follow-Up to Today's Call
> 
> Hello All:
> 
> Here is a succinct statement of my concern regarding the
> appropriateness of certain ICANN/IANA reserved names. While I 
> fully support the reservation of names that have potential 
> security and stability concerns, e.g., "bq--1k2n4h4b" or 
> "xn--ndk061n", I do have significant reservation with regard 
> to the reservation of names such as IANA, ICANN, GNSO, IAB, 
> IETF, etc. 
> 
> In connection with my extensive work with the WIPO II final
> report regarding geographical identifiers, I have also spent 
> a lot of time reviewing IGO domain name conflicts. As ICANN 
> promotes itself as an internationally organized, non-profit 
> organization, I believe it creates a potential double 
> standard by which ICANN reserves/blacklists a subset of its 
> names when other IGOs are forced to fend for themselves with 
> other business and trademark owners trying to protect their brand. 
> 
> Given the work on potential modification to the UDRP
> regarding IGOs, ICANN might wish to consider registering or 
> unreserving those names at such time that a suitable IGO UDRP 
> mechanism is available. Seeking to maintain a double standard 
> potentially subjects ICANN to attacks in other fora.
> 
> With regard to the reserved names of www, nic and whois.
> Although I have some concern regarding how these words are 
> reserved as discussed on the call today, in the interest of 
> practicality I will withdraw any concerns that I raised 
> today. I believe the most important aspect is allowing 
> registries to use these strings in an intuitive fashion to 
> assist Internet users in finding the information that they 
> want. Since that is possible with the current contractual 
> provisions, our time should be devoted toward other efforts.
> 
> Tamara with regard to the wording of the "common names", I
> believe a more suitable working title would be "commonly used 
> words and phrases."
> Although most lay people would refer to these as generic 
> names, generic has a distinct legal distinction that we 
> should try to avoid. 
> 
> Best regards,
> 
> Michael D. Palage
> 
>