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

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

1. States are not international organizations; the two cases are
different.

2. WIPO is an international organization; its conclusions that bodies of
its ilk deserve special protection are self-serving and thus suspect.

3. There is no basis in public international law for any such conclusion
relating to either state names or international organization names, and
WIPO fails to make any convincing case that such a public international
law or even norm exists.

4. Other than whatever trademark interest international organizations may
have in their names (and in some cases there may well be one), there is no
private law interest at work here, at least none any given state can
assert outside its own borders. 

5. WIPO's continuing attempts to fabricate international law, or even to
bootstrap some new kind of soft law, do not deserve our respect.  They
are, rather, something to criticize.

People who claim that this name-claiming is based on law should cite to
the source of that law.  And citing WIPO is not sufficient: it is not a
law-making body in this domain.

On Tue, 8 Oct 2002, Rodrigo  Orenday Serrato wrote:

> I strongly disagree; the naming of States is a matter of public interest,
> which supersedes private interests in the DNS. Please refer to the Final
> Report of the Second Domain Name Process of WIPO, in the section that deals
> with names of international organizations.
> 
> ccTLDs help individuals refer their websites to persons located within the
> locations to which the former correspond, but they are no DNS substitute for
> the name of a country, which registration as a domain names (whether in a
> gTLD or a ccTLD) should only be granted to the corresponding national
> government.
> 
> Atentamente, Regards
> Rodrigo Orenday Serratos
> 
> 
> 
> -----Mensaje original-----
> De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de George
> Kirikos
> Enviado el: Martes, 08 de Octubre de 2002 12:47 PM
> Para: ga@dnso.org
> Asunto: Re: [ga] Interesting WIPO ruling re: NewZealand.biz
> 
> 
> Hello,
> 
> --- eric@hi-tek.com wrote:
> > Am I missing something?
> >
> > But should not geographics be given to the local of the geographic?
> > But what happens when there are twenty one El Pasos?
> > Countries are easier.
> 
> There are country codes, e.g. .nz, if they need geographic names.
> They're not entitled to that name in every namespace, especially not
> the gTLD spaces. e.g. Canada.com is run by a commercial company, not
> the Canadian government. If I had the foresight to have registered it
> first, I wouldn't want the government yanking it back from me, ala
> Barcelona.com and other poor decisions. If they want the name, they can
> pay market rates for it, and not expropriate the name without
> compensation.
> 
> Sincerely,
> 
> George Kirikos
> http://www.kirikos.com/
> 
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