David "alias" ...First let me state that I consider
it a lack of character to
enter an "alias" to be able to hide behind. This kind
of hiding
usually indicates that the writer would not even support his own
opinion
in public. Therefore his opinion given trough his "alias"
is pretty worthless
and can certainly not be taken for serious.
Maybe you have the politeness to give
your real name or remove
unqualified comments from this forum.
You state:
>>1.
The alt-root .biz is populated by people wishing to take
over/parody trademarks.
NeuLevel, in its report, gave an enormous
laundry list of these. If you think
the alt-root crowd can yell, you
have no idea how loud an angry large-corporation
lawyer squad sounds.
To deal with all the squatted .biz's would have taken an
incredible
amount of meatgrinding.<<
Please be reminded that traditional
trademark law DOESN'T offer any
possible way to register adresses as trademarks
and we are talking
about addresses here.
I should be able to register "cocacola.info"
for my dog
called "cocacola", as I am able to name my house "cocacola". Nobody
has any legal right to take me away neither my dog, nor my house, nor
my
domain name as long as its CONTENT doesn't infringe against
CocaColas international
trademarks.
The current UDRP has been developed away from what the original
trademark
philosophy was: protect the public from misleading similar
looking products,
into a power tool for business interests and market
restriction.
>>2.
It would have set a precedent. As I've said on other threads,
once ONE idiot
can introduce a TLD into ICANN, EVERYONE will try
to. "No, WE have the TLD!"
"We had it first!" "We've been serving
customers with that TLD for years!!" ICANN
is a small organization.
How many claims do you think it can deal with? And how
many people
would start a cottage industry of making TLDs and getting ICANN to
let them control them for the wider world? Sort of like new.net's
game, only
worse.<<
What would be the harm of such action?
If an idiot builds a gtld
and only has 5 customers registering with
him, then his database should be migrated
too, if ICANN wishes to
introduce exactly that name into the legacy root.
Why
should that database be cleared? Because of the registry owner
being an idiot?
It is astonishing that not only the UDRP has been
developed against the rights
of the general public, but those rights
seem to have become inexistant in the
Internet.
We obviously need a much better consumer protection here.
If you opened
a bank account in a bank whose director is an idiot,
are you prepared to loose
it? So why should you be prepared to loose
that rightfully registered domain
name?
Remember: alternate roots exist legitimately and for pretty much as
long
as the legitimate root does.
>>Add to that the fact that the alt-roots were
never all that
friendly towards ICANN in the first place and you have why ICANN
has
basically said that it's simply not responsible for what happens to
them.<<
You
construe a right to destroy someone's business from the fact
that "he was not
friendly" to you?!
>>You, like some other posters, assume that ICANN is directly
in
charge of a database of name owners (which follows from saying that
it
can take it over). This is not true. ICANN appoints other, larger
organizations
(currently VeriSign for .com, .net, and .org) to do
that work for it. Even if
ICANN adopted the alt-root's .biz, it would
have to find someone with global-scale
connectivity (e.g. serious
money/resources) to implement it.<<
Correct,
and that is exactly why they could easily appoint owners of
alternate root services
too and have them run the respective
registry for a new gtld.
I hope this was
enlightening to you and maybe
to Mr. Stuart Lynn, if he cares reading it.
Regards,
Friedrich