>From: "James McGuigan" <[EMAIL PROTECTED]> >To: <[EMAIL PROTECTED]>, "IFWP" <[EMAIL PROTECTED]> >Cc: "Domain Policy" <[EMAIL PROTECTED]> >Subject: Re: [awpd] ICANN Revokes First Amendment, Says Criticism Equals Infringement >Date: Thu, 17 Aug 2000 20:35:31 +0100 >MIME-Version: 1.0 >Content-Type: text/plain; > charset="iso-8859-1" >Content-Transfer-Encoding: 7bit >X-Priority: 3 >X-MSMail-Priority: Normal >X-Mailer: Microsoft Outlook Express 4.72.3110.5 >X-MimeOLE: Produced By Microsoft MimeOLE V4.72.3110.3 > >This rases some interesting points. Even just starting with the title. > >First I am taking for an assumption that both the African religious sect, >kwasizabantu, and the (ex-)holders of the kwasizabantu.com site are both >based in Africa and not within the US. > >If this is the case, then actually the first amendment doesn't actually >apply. The bill of rights being part of US law. The big problem with this is >not in the first amendment itself, but in the fact of which law does the >Internet come under. For recently it seems that it is the US law that is >sinking deep into the net, and trying to establish itself as the governing >body of the Internet (through ICANN). > >But now onto the actual thing in question here, the case of >kwasizabantu.com. This rases 2 important questions: > >1. Does the act of a forced transfer of a domain name curtail free speech, >as the ruling has not said that the criticism itself was illegal but that >posting under the trademark name of the religion was. Has this curtailed >free-speech, or just moved it to another, possibly more rightful, place? > >2. Is it right to post critical material of a religion or any other >group/company using it's trademark name.com, (which could almost be liked to >using a companies Internet letterhead). And if this is done, where does that >leave the religion or other group/company in relation to forming a web >presence? > > >I have my freedom, and even bound and beaten I will still be free, >For I am free because and only because I know I am free, >And even the gods cannot take that from me. > - James McGuigan > > >-----Original Message----- >From: Michael Sondow <[EMAIL PROTECTED]> >To: IFWP <[EMAIL PROTECTED]> >Cc: Domain Policy <[EMAIL PROTECTED]>; AWPD <[EMAIL PROTECTED]> >Date: 16 August 2000 21:16 >Subject: [awpd] ICANN Revokes First Amendment, Says Criticism Equals >Infringement > > >>(Thanks to James Love for indicating the following, which is from >>Emerson Tiller's icannvote.com website) >> >>Religious Rights v. Free Speech?: South African Religious Sect >>Recovers >>Domain >>Name From Critic (Mission KwaSizabantu v. Benjamin Rost, Case No. >>D2000-0279, June 7, 2000) >> >> On June 7, 2000, an ICANN panel held that an African religious sect >>(Mission entitled to domain names (kwasizabantu.com, >>kwasizabantu.org, >>kwasizabantu.net) on which sites criticism and comment on the >>Mission >>KwaSizabantu sect were posted. Benjamin Rost had registered the >>domain >>sites to offer alternative and critical views of KwaSizabantu. The >>word >>"KwaSizabantu" was said to be a Zulu word meaning "The Place Where >>People are Helped" and is only found in the Zulu language. >> >>The panel ordered the domain names transferred to Mission >>KwaSizabantu. >>With respect to free speech, the panel stated: >> >> "It is beyond the scope of the present adjudication to >>consider >>any >>such issues as the boundaries of free speech ... >> >> The admitted nature of the use of the domain names ... >>includes >>alternative views and indeed critical views concerning ... >>[KwaSizabantu] and its activities. The Panel holds such activity >>amounts >>to tarnishing the activities associated with the trademark or >>service >>mark "KwaSizabantu" ... . Therefore, ... [Rost] does not establish >>any >>rights or legitimate interests ... >> >> ...[I]t is no rebuttal for ... [Rost] to assert that any >>disruption is >>merely a consequence of him publishing his view of the truth." >> >> >> >>============================================================ >>Michael Sondow I.C.I.I.U. http://www.iciiu.org >>Tel. (718)846-7482 Fax: (603)754-8927 >>============================================================ >> >>--------------------------------------------------------------------<e|- >>Get a NextCard Visa, in 30 seconds! Apply NOW! >>1. Fill in the brief application >>2. Enjoy a half minute of relaxation >>3. Get rates as low as 2.9% Intro or 9.9% Ongoing APR and no annual fee! >>http://click.egroups.com/1/7876/0/_/370021/_/966457016/ >>--------------------------------------------------------------------|e>- >> >> >> >>To Unsubscribe, send a blank message to: [EMAIL PROTECTED] >> >> > > > -- [EMAIL PROTECTED] http://ph-1.613.473.1719 This program posts news to thousands of machines throughout the entire civilized world. Your message will cost the net hundreds if not thousands of dollars to send everywhere. Please be sure you know what you are doing. Are you absolutely sure that you want to do this? [ny]
