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Username: CommonSense101
Date/Time: Wed, August 22, 2001 at 7:22 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Get Real….Stop Whining, Cursing and Day-Dreaming


I have watched this and similar forums over the last several days.
There has been a lot of rhetoric and some solid, practical proposals and actions.
Examples of the latter are the remedial proposals (such as the “Domebase Proposal” and the “Simple Solution”) and creation of the with a developing list of all suspect sunrise registrations. The list of suspect names with key details is particularly helpful as the common sense dictates that the names on the list will be very difficult to ignore by Afilias even if third parties do not challenge them during the designated 120-day challenge period.

On the other hand, there has been an amusing spectacle of grown-up temper-tantrums with a great deal of whining, cursing, dreaming and wishful thinking. Some examples follow:

There has been a lot of talk about criminal prosecutions of “sunrise fraudsters”.
Has anybody ever heard of criminal prosecution in domain-names cases; even the world-famous case is still hovering around in the civil courts.

There is repeated and highlighted mention about the Trademark Counterfeiting Act, 18 U.S.C. § 2320. Read the law and find out what its about. It only pertains to counterfeiting an existing trademark to defraud the consumers. In this situation, no trademark or product exits. Moreover, this is an American law and does not apply to the rest of the globe!!

One of things which naïve Americans and to some extent Europeans forget that Internet and related matters do not belong to the USA and its “allies” in the western world. How in the world you guys are going to get FBI involved in over 100 countries; FBI can’t even get it’s own house in order….Osama bin Laden who is accused of killer terrorist acts is still on it’s most wanted list. How you guys are going to prosecute somebody sitting in Korea, India or China.

One more thing: Did ICANN or Afilias even mention the possibility of a criminal prosecution for providing false trademark information; the only consequence that has been mentioned is cancellation of the registered domain and forfeiture of the registration fee.

So get real, stop whining, cursing and day-dreaming about criminal prosecutions and start thinking of realistic and practical solutions that will make sense and not insult the intelligence of a non-American. 


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