Re: [wg-b] Common Ground

["Milton Mueller" <mueller@syr.edu>]

----- Original Message -----
From: "Hartman, Steve" <HartmanS@Nabisco.com>


> These principles appear more relevant to the issue of new gTLDs than the
> protection of famous marks. For example, we can agree that whether
> [famousmark].[tld] is (a) always, (b) never, or (c) sometimes (depending
on
> the famous mark at issue), entitled to an exclusion from the domain space,
> depends on what rule maximizes the communicative values of the Internet.
But
> beyond that, how would these principles apply?

I agree.

It is commendable that you are attempting to find common ground, but you are
doing so in the wrong forum, and it is a bit strange to see you attempting
to start from scratch.

WG-C has been developing principles for the introduction of new TLDs since
July '99. It is the single most controversial and difficult topic ICANN
faces, so progress has been slow.

However, WG-C has developed a set of questions regarding the issues, and a
set of position papers upon which extensive public comment was recieved.

I agree with some of the principles and disagree with others. But I think it
inappropriate to spend much time discussing them in this WG, which is
devoted to famous marks. In general, your principles seem to imply that
ICANN should develop a fixed categorization scheme for new TLDs. It also
seems to imply that strict central regulation should be imposed on the
registration within TLDs to ensure they registrations conform to the
categorization scheme. I find it necessary to note that similar ideas have
been advanced in WG-C by one or two people, but they have received very
little support within the group, and there was virtually no support for
those ideas in the public comments.

I would encourage you to review the record of WG-C, its position papers and
public comments, and to submit these comments to the WG on new TLDs if you
care to pursue it.

--
m i l t o n   m u e l l e r // m u e l l e r @ s y r . e d u
syracuse university          http://istweb.syr.edu/~mueller/