[comments-gtlds] MPA Comments on the WGC Report (21 March 2000)

["Shapiro, Ted" <Ted_Shapiro@MPAA.org>]

MOTION PICTURE ASSOCIATION COMMENTS 
ON THE REPORT OF WORKING GROUP C
14 April 2000

These comments on the report of Working Group C are filed on behalf of the
Motion Picture Association (MPA) which is a trade association representing
the interests of seven of the major international producers and distributors
of films, television programs, home videos, and digital representations of
audio-visual works. MPA's members include: Buena Vista Pictures
Distribution, Inc. (Disney); Sony Pictures Entertainment Inc.;
Metro-Goldwyn-Mayer Studios Inc.; Paramount Pictures Corporation; Twentieth
Century Fox Film Corporation; Universal City Studios, Inc.; and Warner Bros.
The MPA Member Companies also own innumerable famous marks and trade marks
as well as domain names in both the generic top level domain (gTLDs) and
country code top level domain (ccTLDs) name spaces. As such, the MPA like
many of the various Internet stakeholders has a profound interest in the
maintenance of the stability and integrity of the Domain Name System (DNS)
and its constituent TLDs.

The MPA takes no strong position on whether new gTLDs should be introduced.
We note that there are good arguments either way. Moreover, we do not
necessarily disagree with the concept of an initial rollout of six to ten
new gTLDs, followed by an evaluation period. However, the "rough consensus"
on these two points as described in the WGC report raises some concerns. We
are concerned that these two points of "rough consensus" should not be
viewed in isolation and spur action when numerous other questions must be
addressed. In our view, the critical questions of the preconditions for
initiating new gTLDs, and how they should operate must be resolved before
any action is taken. To the extent that such preconditions are not in place
and suitable operating guidelines have not been developed, six to ten new
gTLDs is far too many. The following should be incorporated in the operating
principles of every new gTLD:

(a) Registrant contact data 

Registrants of Second Level Domains (SLDs) should be required to provide
complete and accurate contact data, and to keep it current. Failure to
fulfill this obligation should result in termination or cancellation of the
SLD. Data protection concerns can be met by ensuring informed consent.

(b) Whois 

Managers of each gTLD must provide free, real-time access, via the World
Wide Web, to a current database of contact data on its registrants. This
data should be fully searchable and should be available to the public
without substantial restrictions on use (other than those restrictions
required to protect the integrity and availability of the database or its
exploitation for purposes such as inappropriate mass commercial
solicitations). 

(c) Effective dispute resolution policy

An effective dispute resolution policy for the new gTLD must be in place
before it begins operation. Although the MPA would have like to have seen
the new Uniform Dispute Resolution Policy go further, we welcomed its
adoption and look forward to the evaluation of its operations. It is far too
soon to tell how effective the UDRP has been. The dispute resolution policy
for a new gTLD should resolve registration and domain name use disputes
swiftly, in a transparent manner, at low cost, and as efficiently as
possible.

(d) Protection for Famous Marks 

Although this issue is being discussed within Working Group B, we note that
such protection is one of the essential prerequisites for a successful new
gTLD.

(e) Compliance Review

There must be an effective mechanism that can verify gTLD compliance with
these policies, including a mechanism for receiving and resolving
complaints. 

Once these preconditions have been established and new gTLDs are required to
act in compliance with them, new gTLDs could be introduced in reasonable and
controlled manner. On the other hand, if new gTLDs are launched before these
preconditions have been met, simply because there is a "rough consensus"
that there should be new gTLDs, there is a real risk of serious harm to
consumers, intellectual property owners, and all legitimate participants in
the domain name system. We note that the issues we have raised go beyond the
concerns expressed by trademark owners. Consumers and other users of the
Internet have a significant interest in a strong and transparent Whois
system. That first on-line purchase may depend on the ability to determine
who is behind a particular website. Finally, the interest in a fair,
efficient, effective, and low-cost dispute resolution system is universal.

The MPA would like to express some views on the emerging issue of chartered
gTLDS. Such gTLDs raises some important issues, which must also be resolved.
The establishment and operation of any chartered gTLD should based on clear
and specific rules about who is and is not entitled to register Second Level
Domains in that space, and about what activities are and are not appropriate
or acceptable. This of course leads to the questions of who is entitled to
rule on such questions and how any disputes that might arise would be
resolved. These questions must be resolved before the establishment of any
chartered gTLDs.

Ted Shapiro
Legal Counsel
Copyright & New Media
Motion Picture Association-Europe