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State law + Unfair competition (common law) + Microsoft

  • To: <org-tld-agreement@xxxxxxxxx>
  • Subject: State law + Unfair competition (common law) + Microsoft
  • From: <ufo@xxxxxxx>
  • Date: Sun, 27 Aug 2006 00:06:00 +0100

Dear ICANN,

 

As far as I am aware, Registrars are simply conduits for ICANN discharging
its responsibilities governing the internet.

 

Effectively what registrars do is what ICANN is responsible for, and
individual board members of ICANN can be held responsible. 

 

ICANN can only lay claim to connecting a character set (Domain) to the net
and not to the character set itself. To do so would (prejudice withheld) be
a criminal offence here in the UK as the patent office specifically does not
recognise domains as a separate intellectual property right. Effectively you
would be attacking trademark holders. (And that's not even considering the
massive common law entitlements by millions of domain owners).

 

Given that ICANN has no rights to the character set and only to the
connection, it could never justify differential pricing as there is no cost
differential in attaching any domain to the net. 

 

Hence, it would appear that ICANN will fall foul of anti competitive laws
(Differences in connection costs) or fall foul of exploiting Intellectual
property rights (Via character sets) (Trademark law esp.) where they have no
claim.

 

 

Best regards

 

UFO.ORG

 

 

 

 

 

 

 

 



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