[ga-abuse] Re: [ga] ICANN benefits

["Patrick Corliss" <patrick@quad.net.au>]

.Dear List Monitor

I complain about the following posting by Eric Dierker on the grounds that it
includes a posting by a person currently suspended from the list.   It also uses
unnecessarily emotive and provocative language as is apparent from many of his
other postings.

Best regards
Patrick Corliss



----- Original Message -----
From: Eric Dierker <eric@hi-tek.com>
To: Jeff Williams <jwkckid1@ix.netcom.com>
Cc: Sandy Harris <sandy@storm.ca>; <ga@dnso.org>; Patrick Corliss
<patrick@quad.net.au>; Danny Younger <webmaster@babybows.com>
Sent: Saturday, April 07, 2001 5:33 PM
Subject: Re: [ga] ICANN benefits


> Ah give me a break,
>
> The UDRP does not give any credence to over two hundred years of American and
> before that English Jurisprudence.  The UDRP does not take into account the
> international standard of categories. Sun for one is sun for all, and that is
> worthless.
> The UDRP is a license to Hijack, plain and simple and it is by history a deal
with
> the IP group so that they ICANN could get away with deals like Versign without
> debating against the power of the IP lawyers, Why else did they not weigh in
> against it. Does this tie in with the WHOIS violations, you bet it does! Same
group
> same quiet.
>
> Don't get me wrong I have filed for and gotten trademarks but this is
different.
> If someone wants to debate, protection for the purpose of promoting
> entreprenueralism, I am good to go but this is not the case.  It creates the
exact
> opposite.
>
> Jeff Williams wrote:
>
> > Sandy and all remaining assembly members,
> >
> > Sandy Harris wrote:
> >
> > > Dave Crocker wrote:
> > >
> > > > The law in most countries "institutionalizes trademark favortism".  It
has
> > > > done that rather longer than ICANN has been around...
> > >
> > > However, it also protects multiple uses of a trademark. Sun Microsystems,
> > > Sun Oil, the Sun and Surf Resort, ... and provides procedural safeguards
> > > for the rights of the alleged violator.
> >
> >   Yes, but a domain name of sun.org or sun.biz is not necessarily violating
any
> > TM's that say Sun Oil or Sun Microsystems may hold, as the class of mark
> > is the distinction.  Yet, the UDRP would and has differed on this
distinction.
> >
> > >
> > >
> > > > If you mean that the UDRP provides ADDITIONAL benefits to trademark
> > > > holders, well, that becomes a finer point of debate.
> > >
> > > It isn't entirely clear to me what the URDP was designed to accomplish,
but
> > > it seems cleat that in practice at least some decisions (bodacioustatas
leaps
> > > to mind) gave benefits to trademark owners that go way beyong anything
they'd
> > > be legally entitled to in any juritiction I know of.
> >
> >   Well I am a little worried when it comes to Bodacioustatas dot anything
> > starts leaping, if you know what I mean?  >;)
> >
> >   None the less, your point is well taken.  Some of us have argued
strenuously
> > that the UDRP is "Extralegal" in its effect and reach.  This has proven to
be
> > well founded in some instances with some cases, as many of us already
> > are or have become aware of...  Hence it is obvious, and always has been
> > that the UDRP is a tool for the large IP interests, and those that wish to
> > take advantage of startup ecommerce companies to steal DN's that are
> > or were legitimately registered.  It is also relevant that the UDRP, was
> > not a consensus based decision by the than ICANN BoD in it's present
> > form.
> >
> >   Given all this, it is I believe safe to say that the UDRP is definitely
NOT
> > one of ICANN shining accomplishments, in fact that contrary would be
> > accurate.
> >
> > >
> > >
> > > > As has been noted frequently, the UDRP needs enhancement.  But let's not
> > > > attribute more precedent to it or ICANN than is valid.
> > >
> > > Specifically, it needs better protection for the domain holders who are
> > > attacked using it.
> >
> >   How very true.
> >
> > >
> > > --
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> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 118k members strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail jwkckid1@ix.netcom.com
> > Contact Number:  972-447-1800 x1894 or 214-244-4827
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
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