Re: [ga] Interesting WIPO ruling re: NewZealand.biz

[Jeff Williams <jwkckid1@ix.netcom.com>]

Rodrigo and all assembly members, stakeholders or other interested parties,

  Well I partly supported your argument, Rodrigo.  But not completely.  Froomkin

is still correct from a legal perspective.  What countries need to do
is get their custom canonized into law.  That has yet to be achieved
except by jurisdiction, and only than, in SOME jurisdictions.  Hence
again the DN NewZealand.biz in this UDRP case was as Andrew
indicated stolen or mishandled.  Ergo, some form of international
IP law covering these sorts of country name considerations
should be addressed.  Personally I think such legal precepts
are a long ways off.  But that's just my opinion...

  Another way of handling this sort of problem would be in
international/regional trade agreements where ecommerce
and ecommunications clauses or articles could encompass
this.  Just a thought here though as well...

Rodrigo Orenday Serrato wrote:

> At last, a voice of some support!
>
> Atentamente, Regards
> Rodrigo Orenday Serratos
>
> -----Mensaje original-----
> De: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> Enviado el: Jueves, 10 de Octubre de 2002 03:23 PM
> Para: rorenday@banxico.org.mx
> CC: 'Andy Gardner'; ga@dnso.org; Don Evans; Nancy J. Victory; cathy
> Handley
> Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
>
> Rodrigo and all assembly members or other interested parties,
>
>   Rodrigo, I agree with you that in accordance with custom your argument
> has merit.  But it is also true that custom is usually at some point in
> time,
> canonized in law.  Any registration in .BIZ regardless of its nature
> so far is fair game legally speaking as Fromkin indicates in his
> argument.  Therefore, Andrew's argument, although very emotive,
> is essentially accurate and I believe correct.  Hence also the UDRP
> decision on this effectively stole the name Newzealand.biz.
>
> Rodrigo Orenday Serrato wrote:
>
> > I beg to differ, Andrew. It is my opinion that  New Zealand did win back
> its
> > name on .biz. An approach like yours only favors land-rush attitudes
> towards
> > domain name registration and cybersquatting. Domain name registration
> should
> > begin by acknowledging that certain exclusive rights over other idetifiers
> > and distinctive signs preceeded its inception.
> >
> > I insist that the naming of States is a matter of public interest, and
> > therefore registrars should ban the registration of domain names
> comprising
> > the names of States, unless registration is requested by the State
> > concerned.
> >
> > Altough Professor Froomkin commented earlier this week that there is no
> > basis in international public law for the foregoing, I beleive that there
> > is, specifically in international commity and custom. Each State is
> entitled
> > to choose the form of its designation, same which may not be used
> otherwise
> > by anyone else, irrepective of the function that eacg gTLD is supposed to
> > serve.
> >
> > Atentamente, Regards
> > Rodrigo Orenday Serratos
> >
> > -----Mensaje original-----
> > De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de Andy
> > Gardner
> > Enviado el: Jueves, 10 de Octubre de 2002 10:57 AM
> > Para: ga@dnso.org
> > Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
> >
> > At 7:13 PM +1300 10/10/02, DPF wrote:
> >
> > >It appears from inquiries I have made locally that the application was
> > >not made by the NZ Government but by Trade New Zealand - a government
> > >owned organisation, presumably with the consent of their Minister as
> > >his name was used.  Other sections of the Government with an interest
> > >in these things were not in the loop on this.
> > >
> > >In fact official NZ government policy on the issue of country names as
> > >domain names is that they should not be precluded.  This can be found
> > >in the submission at
> > >http://ecommerce.wipo.int/domains/sct/comments/0009.html.
> > >
> >
> > Interesting.
> >
> > So who do we need to contact in the govt hierachy to get the UDRP for
> > newzealand.com withdrawn?
> >
> > Check out the following news item:
> >
> >
> http://www.nzherald.co.nz/storydisplay.cfm?storyID=2998418&thesection=techno
> > logy&thesubsection=general
> >
> > Quoting:
> >
> > "The Government has won back the rights to the newzealand.biz internet
> > domain name"
> >
> > Firstly, you can't say "won back" when they never had the rights in the
> > first place, so journalist Adam Gifford needs to get A CLUE. And someone
> > can forward that message onto him from me if they like.
> >
> > Secondly, it sounds like "the Government" had no idea this was going on
> > (thanks to the secrecy surrounding the UDRP process in general - you don't
> > know who filed a case until it's all over) and the apparent wish of the
> > complainant to not publish the results.
> >
> > So Adam Gifford really needs to re-hash his story, and perhap do some
> > research this time, instead of just repeating quotes from "the
> Government".
> >
> > Thirdly:
> >
> > "Mackenzie said the cost of getting back the name was minimal."
> >
> > Mackenzie/Trade NZ/"the Government" didn't "get back the name". They STOLE
> > it.
> >
> > Sheesh.
> >
> > No points for guessing what the outcome of
> > http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0754.html will
> > be, now that these crooks have got some precedence behind them.
> >
> > Note to those that don't know how the UDRP process REALLY works: What you
> > read in the final "decision" isn't always the full story. The "panel"
> > frequently leaves out anything (usually submitted by the defendant) that
> > doesn't fit the outcome they desire. It's pretty much a SCAM being
> operated
> > here.
> >
> > --
> > Andrew P. Gardner
> > barcelona.com stolen, stmoritz.com stays. What's uniform about the UDRP?
> > We could ask ICANN to send WIPO a clue, but do they have any to spare?
> > Get active: http://www.tldlobby.com
> >
> > --
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> Regards,
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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