Re: [wg-b] WG-B Deadline

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

----- Original Message -----
From: "Michael D. Palage" <mpalage@infonetworks.com>

> issues. They like the idea of WIPO creating the list because it is an
> inter-governmental agency that cannot be sued. Therefore immunity starts
> with the creation of the list and they are further insulated if ICANN
> mandates it upon registration authorities.

When did this working group decide that there would be ANY list?
It should be evident to anyone watching the UDRP results that trademark
holders are being given quite extensive protection. There is no need for any
special protections for famous marks, whatsoever.

> However, the Registrars are
> sensitive to the Non-commercial and free speech concerns and have
> preliminarily backed excluding charter non-commercial top-level domains
from
> this sunrise program.  Therefore their concerns should be addressed.

They are not addressed. Any creation of a global magic words list,
unencumbered by law, is a serious danger to free expression advocates.

> The concerns of the small businesses should also be protected if WIPO uses
> discretion in creating the list in a responsible manner, which there is no
> reason to believe that they shouldn't.

Then you haven't paid any attention to WIPO's record in the past two years.

> I understand that this insight is less than ideal to several people on
this
> list, but at least it is an effort among certain constituencies to put
aside
> past differences and move toward a common ground.

I see only two constituencies represented here, Michael: yours and the famou
smark holders.