[ga] Position paper reforming reverse hijacking.

[Eric Dierker <eric@hi-tek.com>]

Now I assume that there are others like myself that have been involved
in an usavory mess that included losing a Domain Name to a large
corporation because when you spoke to a lawyer they wanted XXXXXXX
amount of money to defend your right to use and or just hold the name.
We have all discussed coke and coca-cola and we all recognize the
difference, that quite clearly you can register one and not the other by
right.  But we all recognize that you would also lose the former should
you not have the dough to defend.

LET US CALL THAT THE COKE THEORY SO IT DOES NOT HAVE TO BE REARGUED OR
SPELLED OUT EVERY POST - SORRY FOR NEW NEWBIES BUT THATS TOUGH.

For some reason the GA has never come up with an authoritive paper
against the existing UDRP and WIPO and ultra legislative extensions of
TM law.

I propose that we do here and now and draft it into a motion and
publish.

1.    There are existing adequate laws to cover all circumstances.
2.    ccTLDs should follow their own laws and treaties and existing
legal standards and not adopt WIPO's enlargement thereof for the benefit
of the IP groups.
3.    The adhesion portion of the ICANN standard registration UDRP is
void due to unequal bargaining power and de facto antitrust violations
by registrars who require it.
4.    To further good geopolitical market interelations the Internet
should bend a bit to IP interests but not break.

We can fix this as time goes by but please use the numbers for headers.
We know from working groups that using the number specific - even with
personal attacks keeps us focused and much more able to write drafts.
(please notice that those who do not want this progress will
intentionally sabotage the system)  But we are working with serious pros
here it will get written and soon.

sorry for so long,
Eric

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