RE: [registrars] Proposed Ballots

["Margie Milam" <Margie.Milam@markmonitor.com>]

I am concerned about the opposition to my proposed amendment.  Does the registrar constituency really believe that WHOIS plays no role in assisting trademark holders determining who has been cybersquatting on their legitimate trademark rights?   Without access to this information, it is practically impossible for a trademark holder to determine how it should protect its rights.   Obviously, ICANN believes that IP interests represent significant policy concerns or there would be no IP constituency or focus on sunrise periods associated with the launch of new TLDS.      Privacy concerns are not the only concerns that need to be addressed with respect to WHOIS.    I think that it is a mistake for the registrar constituency to ignore the legitimate role of WHOIS for intellectual property purposes.   

 

If there is not sufficient support for my amendment,  is there a way to include my language as an alternative in the ballot?

 

Margie 

 

 

 

	-----Original Message----- 
	From: Ross Wm. Rader [mailto:ross@tucows.com] 
	Sent: Wed 4/9/2003 9:58 AM 
	To: Margie Milam; 'Elana Broitman'; registrars@dnso.org 
	Cc: 
	Subject: RE: [registrars] Proposed Ballots
	
	

	> I would like to propose an additional revision to the
	> amendment which would include a reference to intellectual
	> property interests...<snip>
	
	> These changes would make it clear that the registrar
	> consituency is concerned about intellectual property
	> interests and would make it more likely that the other
	> consituencies would support the registrar position on this issue.
	
	Tucows does not support this amendment, nor would we support the motion
	if it included this amendment. Trademark, copyright and patent
	enforcement interests should not be afforded special preference in GNSO
	policy beyond those rights that they have guaranteed under existing law
	at the expense of other legitimate stakeholders. Inequitable extra-legal
	considerations such as this belong in precisely the same category as
	those found amongst the WIPO-II recommendations that Bruce forwarded to
	the list yesterday.
	
	For the record, Tucows does not support using "privacy" as a cloak for
	illegitimate activities. The recommendations of the privacy task force
	should clearly deal with all such activities similarly and not, as
	Margie's amendment implies, put the demands of the trademark, copyright
	and patent enforcement interests ahead of the very real needs of
	individuals, registrars, law enforcement, governments and other
	stakeholders with equally important requirements.
	
	
	                       -rwr
	
	
	
	
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