MBS:
>>there is a lot of talk about the "public interest" on these lists. The
>>public interest here has come to mean the rights of DN holders to not get
>>sued by the (pause for demonization effect) TM interests.
>
MB:
>That is rather disingenuous IMHO. Public interest to me means that the
>right of freedom of expression will not be abridged on the Internet any
>further than it is in the physical world. This includes choice of domain
>name.
Well, that is certainly one person's personal definition. While people may
not disagree that that is one public interest issue, I don't think many
will agree that that is the sole public interest issue relating to the DNS.
MBS:
>>Another public interest that seldom gets advocated here is the right of the
>>public to be protected from porn sites which use the trademarks of others
>>to generate traffic.
>
MB:
>That, to me, is not a PUBLIC interest. That is a trademark interest.
MBS:
Why shouldn't protecting the public from such porn sites be a matter of
public policy? As an analogy, counterfeiting laws provide both private
remedies to the TM owner but also are criminal laws, thus recognizing the
public interest. A child looking for bertandernie.com until recently
encountered a porn site. Why is that not a public interest issue?
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