[ga] Advice sought

["Richard Henderson" <richardhenderson@ntlworld.com>]

I'd appreciate advice and viewpoints on the correspondence appended below,
between myself and the IT Director of the Right-Wing British National Party.

For some time now, I have been running an information site about the British
National Party at www.BritishNationalParty.com
with the purpose of exploring the policies of this UK political party.

The site is run in good faith, makes clear that it has no association with
the BNP, and makes no attempt to make money or feed traffic anywhere. I
receive a fair flow of mail specifically related to the purposes of the
website.

The advice I seek is this: if I'm running this website with good intent
(which I can demonstrate) then should I maintain my right as a legitimate
domain name registrant to carry on operating *my* website ?

My website is specifically about the British National Party, hence the name
is relevant, and the BNP have a site of their own at www.bnp.org.uk

If anyone feels like offering advice, the correspondence is set out below.

Regards,

Richard Henderson

* * * * * * * * * * * * * * * * * * * *

Dear xxxxx,

I don't have inflexible views about this matter. My purpose is legitimate
and that is to explore the policies of BNP and try to develop an intelligent
dialogue about them. Clearly anyone can do that, and you would accept that.

The question is: does the law on domain names prevent me from using the
words British National Party, if the subject of my website is... the British
National Party.

As an active participant in Internet administration (twice elected to the
executive of ICANN At Large) I have to say that I don't believe that anyone
is prohibited from using a whole range of names, providing their website is
acting "in good faith" - in other words, not claiming to be anything other
than it is. And my website makes absolutely clear that it is not associated
with BNP at all.

Furthermore, in that BNP already operates from its own website at
www.bnp.org.uk , it is clear that it already has a previous and alternative
web identity (which uses the .org.uk ending which is appropriate to
organisations).

In addition, my website attempts to make no money and does not attempt to
feed traffic to other sites such as porn sites etc.

In short, I exercised the same freedom you had (to register the domain) and
registered the domain in good faith. It attracts intelligent correspondence
on the subject of the BNP. It seeks to explore and understand the policies
of the BNP. I am simply a British Citizen acting in good faith. I suggest to
you that a UDRP process would establish in  my favour, though of course, I
could be mistaken.

It would be cowardly of me simply to desist because "you told me to", but
I'm not unsympathetic to you, and indeed I'm interested in ongoing
exploration of this issue, as well as an ongoing dialogue with BNP on a
range of other issues.

With reference to your e-mail, it would assist me if you could cite and
define which "Electoral Commission rules" you believe I am in breach of, so
that I can form an intelligent judgement about your view, or take further
advice myself.

With reference to my website constituting an act of "passing off", could I
ask you what you suggest I am passing my website off as, since if I am
clearly stating that I am not associated with your party, it's pretty
obvious that I'm not passing off as your party (nor do I wish to - I want to
create a detached and reasonable platform for discussion about BNP involving
people of all parties and none).

I would like to reassure you that my purpose is not at all malicious, and
that I am sympathetic to nationalist ideals and aspirations.

You say, correctly, that I "have no right to appoint yourself as an official
or spokesman for a registered political party of which you are not even a
paid up member". But xxxxxx, I have *not* appointed myself either as an
official or a spokesman for your party or any other party. And I am not a
paid up member of *any* party, but I'm entitled to speak about any and all
parties. I'm also, in my view, entitled to register this domain name
providing I do not do so in bad faith.

As someone involved with ICANN for some time, and having been deeply
involved over certain issues pertaining to WIPO and the relationship of
domain names to Intellectual Property, I would find this quite an
interesting case, but I put it to you that you should first explain the
precise and explicit grounds on which you feel I should "cease using" *my*
domain name. This would be a reasonable first course of action (for which I
will not be held accountable for any costs incurred) so that I can clearly
understand on what grounds (other than your preference) I should relinquish
my legally obtained domain name, or my carefully written site.

It is obviously not enough, either for a party or an individual, to simply
make an arbitrary demand and expect a free citizen simply to comply "because
you say so". (I don't take your last mail as including a demand, but simply
a politely-phrased request.)

I do not, at present, have any clear comprehension of the basis for your
request, xxxxxx.

I hope you will find it helpful if I post this dialogue to some of the ICANN
and ICANN at Large fora, where we may be able to procure advice from people
who have considerable insights in this field.

Finally, a few words on my vision : the development of an intelligent
nationalism, based on open dialogue and the clear communication of precise
policies that accord with public sentiment.

Open dialogue is nothing to fear!

I look forward to hearing from you, if you can assist me further.

I wish you well. I am not trying to be awkward. But I believe I'm acting in
honest good faith.

With kind regards,

Richard Henderson
www.BritishNationalParty.com



----- Original Message -----
From: <xxxxxxxxxx>
To: <richardhenderson@ntlworld.com>
Sent: Tuesday, June 24, 2003 10:03 AM
Subject: Website


> Re: http://www.britishnationalparty.com
>
> Dear Richard,
>
> Having spoke to our Steve Blake last week I have learnt that a website
carrying our
> name has been set up by yourself.
> Can I at first point out that the name "British National Party" is that of
a registered
> political party officially recognised by the Electoral Commission. Further
to this, at no
> time have you made any approach to ourselves to seek permission to use our
name.
> Consequently the continual use of our name is in breach of Electoral
Commission rules
> as well as constituting an act of "passing off".
> I understand from Steve that this is highly unlikely to be a malicious act
by yourself and
> indeed you may share sympathies for our aims. However, you have no right
to appoint
> yourself as an official or spokesman for a registered political party of
which you are not
> even a paid up member.
> As such can I please ask you to cease using our name immediately.
> Obviously we have no objections to a website that seeks to heighten
awareness of the
> BNP in a logical and sensible manner. However, we feel that this objective
can be
> achieved in a manner that does not involve the use of our name.
>
> I look forward to your reply within the next three days.
>
> Sincerely,
>
> xxxxxxx  xxxxxx
> BNP IT Director
>

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