RE: [ga] Stolen domains, transfers, WHOIS, audit trails, and systemintegrity

["Cade,Marilyn S - LGA" <mcade@att.com>]

Karl, 
In this post, you are misinterpreting ICANN's ADOPTION of trademark protection developed OUTSIDE of ICANN, WITH ICANN DEVELOPING NEW IP LAWS. I am not a lawyer, but I was there through all of this debate, and played a rather visible and central role in developing the concept. ICANN relies on existing trademark law. 

I am disappointed in this attribution. It's "interesting" but flawed... and not like you.

Marilyn

-----Original Message-----
From: Karl Auerbach [mailto:karl@CaveBear.com]
Sent: Friday, December 06, 2002 4:03 PM
To: George Kirikos
Cc: ga@dnso.org
Subject: Re: [ga] Stolen domains, transfers, WHOIS, audit trails, and
systemintegrity


On Fri, 6 Dec 2002, George Kirikos wrote:

> The domain industry needs to have some stronger and explicit ICANN
> policies (and not just "registry policies that do not disagree with
> ICANN policies")...
..
> It shouldn't have to be "caveat emptor", etc....we need stronger
> protections, like real estate.

ICANN is not a legislature, neither is it a sheriff nor is it a judge and
jury.

The efforts of the trademark industry to turn ICANN into all of those have 
resulted in many of ICANN's problems.

We should be shrinking ICANN's role, rather than increasing it.

If you look for the protection of rights and if you feel that you have an 
unequal bargaining power to enter into contracts that protect your 
interests, then the place to go is a legislature, not ICANN.

		--karl--


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