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Username: Garry Anderson
Date/Time: Mon, January 7, 2002 at 1:01 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Subject: Analysis of Legal Eagle Response

Message:
 

 
As my posts have been scrutinized by a Lawyer, I have spent some time to analyse all the messages.

I take pride in my reasoned logic; I will keep this short, to most salient points.

I am very grateful to Alex, for his viewpoint on things. As he says, “…I feel now like I can't respond to your questions without either going around in circles,…” - I think it best time to evaluate his response.

He continues, “or trying to justify the reasons why we have trademark laws in the first place; ....” - he need not, I understand completely. As I state on my site, Trademarks are for the good of the people, as well as business.

Alex honestly admits the solution to all trademarks using their mark: name.class.country.reg - note, this does not preclude the use of dot com or other TLDs for marketing.

Anybody that does not admit to this - you know is a deceitful person - a liar and fraudster.

Alex would not answer this question (indeed would anybody making money out of these false problems?): “Could it be that I am right - the Domain Name System is being abused for the benefit of Big Business, to the detriment of peoples rights?” This is even though the answer is obvious - people’s rights are being abused for Big Business.

It should be noted that the authorities and lawyers never break the association of domains to trademarks. This is even though they cannot be used as trademarks, primarily due to fact that not all businesses can use their mark and it abridges free speech. They say trademarks and the dictionary are one and the same - all words belong to big business. The reasons for this, to do with greed for money and power, are given on WIPO link below.

Alex says, “It seems that you (like a lot of people) are essentially opposed to trademarks having the rights that they currently do. That's fine, and you're entitled to your opinion and a lot of what you say has merit in legal equality.”

This is misrepresentation - I do not oppose trademarks having the rights that they currently do. I strongly oppose what is being done under the guise of trademark law. I oppose the fact that certain trademarks have dominance over others and non-trademarked small businesses on the Internet. People’s rights are being abused.

Example of this - why should Apple Computers own the word ‘apple’ on the Domain Name System? They dominate this word above everybody, even though thousands use the word in their trademark and many more small businesses without a trademark. The Internet is being stolen by Big Business.

On this dominance; Alex has no answer for the lesser trademarks, smaller businesses and people losing out to big business, when asked, “What about all these other JT trademarks in the USA and the rest of world?”

When I said, “What is the difference, say, to buying and selling baseball cards, currently at prices up to $1.265 million? (grade 8 Honus Wagner).”

Alex replied, “The difference is that registrants often don't have the rights to the names that they register;”

Why should a respondent have to prove they had right to use any words? Why should anybody have the right to use words above another?

The value of that small piece of card is in the name - so does Honus Wagner’s estate or family own that card? What rights does the person with that card have to Honus Wagner name?

Anybody need that analogy explaining?

People write unauthorized biographies of famous people - actors, singers, and politicians - so why should likes of Kevin Spacey get kevinspacey.com? Using new restricted TLD, he could have kevinspacey.actor. As I have stated before - millions of TLD was possible - confirmed yesterday by Karl Auerbach on forum of atlargestudy.org. He said, “Several years ago we (some folks from the Boston Working Group) tried a root with several million TLDs.  After we stuffed enough memory into the box, it worked.”

People write books about countries and places - so why should South Africa get southafrica.com? A SLD, when they have a TLD - they could have millions of SLDs. The place names could have place name followed by ccTLD of the country - e.g. Barcelona council, instead of taking Barcelona.com off the legal owner, use Barcelona.es - simple.

Trademarks were ‘invented’ to identify source of goods or services - not claim world rights to a word. The trademark symbol was ‘invented’ to advise people that the mark is legally registered and protected by law. The restricted TLD of .reg would perform both functions and much more.

The truth is that the authorities are corrupt - the Domain Name System is being abused for the benefit of Big Business, to the detriment of people’s rights.

Again, thank you to Alex - it is refreshing to see a lawyer dare venture on this board.

WIPO LINK - reasons for abuse of people’s rights:

http://wipo2.wipo.int/process2/rfc/rfc3/comments/msg00074.html       
     

 

Link: WIPO.org.uk


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