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Re: [ga] Interesting WIPO ruling re: NewZealand.biz
Please, please, don't confuse logic with repeated unsubstantiated
assertion. The difference matters.
On Thu, 10 Oct 2002, Ross Wm. Rader wrote:
> > 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.
> >
>
> Intellectual Property types tend to rely on this type of logic as well. I've
> never understood (nor been adequately convinced) how prior use in a
> completely unrelated area should provide one the benefit of complete
> protection for all future applications.
>
> toronto.info, newzealand.biz - its all the same - property rights don't
> reasonably map to domain names - the "landrush attitude" remains the
> fairest.
>
>
> -rwr
>
>
>
>
> "There's a fine line between fishing and standing on the shore like an
> idiot."
> - Steven Wright
>
> Got Blog? http://www.byte.org/blog
>
> Please review our ICANN Reform Proposal:
> http://www.byte.org/heathrow
>
>
>
> ----- Original Message -----
> From: "Rodrigo Orenday Serrato" <rorenday@banxico.org.mx>
> To: "'Andy Gardner'" <andy@navigator.co.nz>; <ga@dnso.org>
> Sent: Thursday, October 10, 2002 1:15 PM
> Subject: RE: [ga] Interesting WIPO ruling re: NewZealand.biz
>
>
> > 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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> >
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> >
>
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--
Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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