Re: [wg-c] Retraction of previous proposal

["Martin B. Schwimmer" <martys@interport.net>]

>
>Yes, Mark you are exactly correct. The issue is not whether use results,
but the nature and effect of the use. Trademarks do not constitute
ownership of character strings. There are many ways in which trademarked
character strings can be used legally by someone other than the trademark
owner. There are also identical strings that are trademarked by many
different owners. Whether infringement is involved depends entirely on what
you said: how the name is being used over time.


Nevertheless the mere registration of a DN could potentially be actionable.



>> Once again, an incorrect assumption.  Access to the registry databases
is essential to allow the legitimate owner of IP rights to enforce its
rights against infringers and pirates.  If an infringer can hide its
identity behind a claim of privacy, the infringer is essentially free from
prosecution or lawsuit.
>
>Again, let's be more careful with our statements. Whether someone is an
infringer or not is *not known* until a judge makes a decision. The person
hiding their identity may or may not be an infringer. If a judge determines
that s/he is an infringer, orders can be given to release the information.


The idea that one must obtain a judicial order just to obtain contact
information from a DN registration is a bit impractical.  Perhaps a
consumer should have to obtain a judicial order to obtain the identity of a
merchant before he or she could complain that they have been defrauded by a
web site.


>Let's apply the model to another medium to clarify what is being advocated
here: What Rita is saying is that because telephone lines could be used to
infringe IPR, then IP interests could legitimately ask telephone companies
to monitor the packets coming out of everyone's line, and also impose a
legal requirement that they have direct access to the personal account
information of the person subscribing to the telephone line.
>

Please.


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