Re: [ga] Use of ccTLDs as generics?

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

I'm sorry, I still dont' understand.  OK, you are "concerned".  But false
marketing, if it exists, is an issue for the consumer protection law of
the various states, not ICANN.  What is it you think should be the action
item as a result of your concern?  Please answer, and don't just send me
back to the same URL for the third time.

On Sat, 6 Oct 2001, Nilda Vany Martinez Grajales wrote:

> Dear Dany:
> 
> DannyYounger@cs.com wrote:
> > 
> > Dear Vany,
> > 
> > You had indicated that you will be speaking on "Use of ccTLDs as generics"
> > (item #10) in the upcoming Names Council teleconference, but it now appears
> > that you have changed the focus of your speech and wish to devote ten minutes
> > to attacking New.net.  Why?
> 
> It happened that before Montevideo, I raised a concern about issue of
> TLDs that ICANN has never created 
> are offered as legimit TLDs.  Please, read the e-mail I sent to the NC
> then:
> 
> http://www.dnso.org/clubpublic/council/Arc05/msg00783.html
> 
> Then before NC meeting in Montevideo still I insisted to Philip in talk
> about the issue addressed in the link above, but he said that it was
> better to speak about this subject in the next teleconference, because
> New.net it wasn't polite to do since they were sponsors of such ICANN
> meeting.   
> 
> During the NC meeting in Montevideo, the people of .BIZ raised a concern
> about .BIZ and the marketing of .BZ as the same concept (business)...As
> you may see, Dany, this is not a concern I raised neither I requested to
> talk about.
> 
> And then, Philip launched the NC teleconference Agenda with the issue of
> Marketing ccTLDs as generic, when I pointed him out several times that
> this is a subject that should be addressed by .BIZ and not by me.
> 
> So, this is all the confusion about the item #8 of the Agenda.
> 
> I am not talking against New.net in specific, but it is an example of
> several companies that are doing the same as New.net, because New.net is
> not the only one that is offering TLDs.  Imagine that they are also
> offering them in different language...And, as they said in
> Montevideo...if ICANN designates another Registry for such TLDs, the
> customer loose the domains.
> 
> But, this is only part of the issues that I raised concerns in the
> e-mail sent to the NC which is URL is above.
> 
> Cheers
> Vany
> :-)
> 
> 
> 
> 
> 
> 
> 
> 
> > 
> > Vany wrote:  "Also I want to clarify the following point:
> > 
> > > 10. Use of ccTLDs as generics - Vany
> > "The issue that I wanted to deal about was about companies that are offering
> > domains under TLDs not created by ICANN, using a technolgy that allows them
> > to masquerade existing domains to resolve domains under such TLDs.  I think
> > that the NC should say a word in this issue because all DNS sectors
> > represented in DNSO are affected.  And if even this is not under the power of
> > ICANN to stop it, well, then at least that make that ICANN publicly make an
> > statement about it with recommendations to the pertaining bodies that can
> > deal about such activity better.  To be sincere, personally, I think is a
> > fraud simply because the day that ICANN decides to grant the registry of a
> > new TLD to a company different from the one that has being offering such
> > TLD...the ones who registered domains names under such TLD simply loose the
> > domain and probably the money.  I think this is a subject very different from
> > use ccTLDs as generics, or lets say, better: marketing ccTLDs as generics.
> > This was the concern of the .BIZ Registry in Montevideo."
> > http://www.dnso.org/clubpublic/nc-intake/Arc00/msg00311.html
> > 
> > "The concern I am pointing out and that was the one I told you in Montevideo
> > and in an e-mail I wrote months before Montevideo is totally different:  It
> > is about companies marketings TLDs as .TRAVEL,
> > .LOVE, .GAME, .VIAJES, .AMOR, .KIDS, etc, etc, etc....and technically
> > resolving such TLDs by
> > masquerading with existent TLDs.  And as you may realized, none of such TLDs
> > has being created,
> > recognized neither asigned by ICANN!!!.  I hope this clarifies better than
> > before."  http://www.dnso.org/clubpublic/nc-intake/Arc00/msg00313.html
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A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
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