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Username: friedrich
Date/Time: Sun, June 3, 2001 at 1:03 PM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 4.0
Score: 5
Subject: I suspect that ICANN simply doesn't want it to happen.


       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 "" 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

>>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'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

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.



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