At 09:53 PM 1/21/99 -0500, you wrote:
>Yes, isn't it interesting that during the White Paper proceeding, those of us
>who urged the USG to add a principle regarding freedom of expression to the
>other "principles" that the ICANN would need to follow were told that this was
>not necessary because existing national laws would apply to the Internet as
>before. Apparently this logic did not apply to trademark law, which already is
>being applied and always can be applied. The Clinton administration has been
>very two-faced about that, but of course the reason is purely political.
>--MM
>
>Mikki Barry wrote:
>
>> >"ICANN is not a governance institution,
>> >but a narrowly focused technical body charged with certain policymaking
>> >and coordination tasks. This model is premised on the view that if ICANN
>> >is invested with a worldwide democratic electorate, it will be treated by
>> >realspace governments and others as a legitimately elected government of
>> >cyberspace."
>>
>> If this were the case, two DNSO applications would not have as objectives,
>> to settle disputes between trademark holders and domain name holders. This
>> is far more governance than what a technical body would do.
>>
There's that quote again, and in the addition, dispute settling is indeed
far more
governance than what a technical body would do. As I suggested, even the
USPTO will try to create "policy," but will often get shot down by its own
Board of Appeals because it has exceeded its legal mandate and has done
whatever, contrary to the Lanham Act and court decisions rendered thereon.
Where in any of the alphabet soup organizations is there a corresponding
Board of Appeals that would ensure compliance of that body's "policies" with
existing Federal law? Had there been such over NSI, we wouldn't be in this
mess, which is to say again that the authority assumed by NSI to breach its
registration contracts merely on the sayso of some owner of a registered
trademark has no basis in law and never has had.--WSL
(Incidentally, I like Dr. Mueller's "--MM" tag: when consecutive emails get
cut up in various responses, you can always identify his stuff, and I'M
GONNA DO IT.)--WSL
Bill Lovell
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