Comment on the formulation of the use Whois-information

[Jussi Mäkinen <jussi.makinen@xxxxxxxxxxxxx>]

ref:

 

Preliminary task force report on the purpose of Whois and of the Whois
contacts

18 January, 2006

 

Dear sirs and madams,

 

My name is Jussi Mäkinen and I work in copyright-sector in Finland.

 

My work concerns anti-piracy work for which the information provided by
whois-databases is essential. My work involves tracking and bringing to an
end copyright infringements of music, film and computer games in the
internet. With the information from whois-databases I am able to identify
the party which is either responsible for the infringement or otherwise able
to stop it (in case of hosting). The basis of my actions is copyright act,
which vests the right holders certain rights. If these rights are infringed
I will use the whois-information to bring the infringement to an end. I do
not store the information nor do I use it for other purposes.

 

Whois-information is essential in identifying the party to be contacted in
case of infringements. Should the ICANN adopt the formulation 1 on the
purpose of whois-information of the above-mentioned report, enforcement of
legal rights of authors, performers and producers of content would become
very burdensome indeed or -even impossible. In fact, the formulation 1
proposed would void at least some of these rights. If the right holder is
not able to enforce his or hers legitimate right, the right becomes de facto
inexistent. 

 

On these grounds, I urge ICANN not to adopt the Formulation 1 as proposed in
the report.

 

Respectfully

 

Jussi Mäkinen

 

Helsinki

Finland  

 

-----  

Jussi Mäkinen

Internet Inspector, Legal Adviser

Copyright Information and Anti-piracy Centre 
Pieni Roobertinkatu 16 A, FIN-00120 Helsinki
 <http://www.antipiracy.fi/> www.antipiracy.fi
Tel: +358 9 6803 4059, Fax: +358 9 6803 4033