On 04-Jan-99 Michael Sondow wrote:
> Richard J. Sexton a �crit:
>>
>> At 05:32 PM 1/3/99 -0500, Mikki Barry wrote:
>> >This argument does not follow. I would argue that intellectual property
>> >protection and interests are beyond the scope of ICANN completely.
>>
>> Right. We have courts for that.
>
> That argument won't stand up. They can argue successfully, I believe, that
> prevention of the problem, on the level of domain name registration, is the
> only way to solve it because the courts will be too overburdened otherwise,
> and because the expense of trying all the cases will be too great.
>
Overburdened from all the cases?
There have been so FEW cases that I cannot see this as a valid argument in
saying that this needs to be addresses at the registration level at all. The
simple fact is the domain name disputes are an extremely rare thing and only
involve a fraction of a percent of domain names registered.
We have methods for protecting intellectual property rights, there is no need
to incorporate supralegal protections, and indeed this may very well be illegal.
I counter saying that this is actually placing an undue burden on registries
and domain name holders, and not the courts or trademark holders. A fraction
of a percent shows little significance in regards to there being an
overwhelming need to enact rules in this area beyond what the law already
provides. The courts provide the best way of interpreting exactly what a
violation of the law constitutes, and any other mechanism would compromise this
role at the expense and undue burden of domain name holders and registries.
----------------------------------
E-Mail: William X. Walsh <[EMAIL PROTECTED]>
Date: 03-Jan-99
Time: 18:20:16
----------------------------------
__________________________________________________
To receive the digest version instead, send a
blank email to [EMAIL PROTECTED]
To SUBSCRIBE forward this message to:
[EMAIL PROTECTED]
To UNSUBSCRIBE, forward this message to:
[EMAIL PROTECTED]
Problems/suggestions regarding this list? Email [EMAIL PROTECTED]
___END____________________________________________
