RE: [ga] ICANN benefits

[Roeland Meyer <rmeyer@mhsc.com>]

One benefit (for various definitions of benefit), ICANN has managed to
exchange the flawed NSI Domain Dispute Resolution Policy (DDRP) with the,
even more flawed, Uniform Dispute Resolution Policy (UDRP). It is well
documented that this new policy benefits trademark holders, to the detriment
of everyone else. Alas, it is a benefit, even if to a special interest
group.

However, to the best of my recollection of the time, at the genesis of the
DNSO, the Clinton Administration requested the ICANN BoD to specifically
look into a WIPO request to protect trademark and IP interests wrt DNS. The
almost immediate response was to form WG-A. It had a very short time-line,
like WG-Review, and consensus was unilaterally declared for the UDRP, by its
chair. The decision was handed over to the BoD and enacted almost
immediately. The Clinton Administration was pleased with the performance, by
all reports. It was a classic WIPO end-run around due-process.

WG-A was opaque. Most of us didn't even know it existed until it was too
late to provide input. Even from within the WG, there came an outcry that
the declaration of consensus was made unilaterally, by the WG chair, and was
not supported by the WG. However, WIPO got what they paid for, the Clinton
Administration was pleased, and we are stuck with the UDRP (about five steps
backwards from the DDRP, IMHO and supporting results).

Now, doesn't that lighten your heart, put a spring in your step, and bring
new color to your world? I thought not.



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