[FC-discuss] VIDEO RESTORED Re: NY FC Fighters Needed -- Stand Against Trademark Abuse at ICANN

Fri Jul 17 18:23:52 EDT 2009

Hi folks -- the video links below work now that the Youtube video
account has been reactivated.  -- Seth

Seth Johnson wrote:
> 
> Hi all -- notes after the New York and London sessions have wrapped:
> 
> I found odd 1) the Implementation Recommendations Team's presenting of
> recommendations without taking up the impact they would have on
> established legal trademark traditions, and 2) that ICANN had chosen
> to set up a panel constituted of representatives of large trademark
> interests -- after a more participatory process had already been
> conducted within ICANN's Generic Names Supporting Organizations
> policymaking process.
> 
> In the following video I ask the above questions:
> > http://www.youtube.com/watch?v=RfQrLVeFwcE
> 
> Of most note are Kathy Kleiman's comments for the Non-Commercial Users
> Constituency (NCUC):
> > http://www.youtube.com/watch?v=AgUC869bTVM
> 
> This page from the NCUC describes quite clearly what's happening in
> terms of how the decision process has been conducted and constituted:
> > http://ipjustice.org/ICANN/NCSG/NCUC-ICANN-Injustices.html
> 
> The IRT proposes to set up:
> 
> An IP Clearing House
> A Globally Protected Marks list
> A Uniform Rapid Suspension System
> A Post-Delegation Dispute Resolution Mechanism
> 
> Rebecca MacKinnon and Graham Chenoweth describe the prior restraint
> issue associated with the plan here:
> > http://rconversation.blogs.com/rconversation/2009/07/icann-and-free-speech.html
> > http://www.circleid.com/posts/20090621_mahmoud_ahmadinejad_globally_protected_marks_list_gpml/
> 
> You'll find the slides from the IRT's presentation here:
> > http://www.icann.org/en/topics/new-gtlds/presentation-irt-13jul09-en.pdf
> 
> ISOC's Public Interest Registry had this to say:
> > http://www.circleid.com/posts/comments_on_icanns_irt_final_report/
> 
> "We believe the Final Report puts too much emphasis on obliging
> registries to enforce trademark rights, in place of requiring ICANN to
> devote more resources to enforcing its contracts with registrars. We
> also believe that ICANN already has the legal tools to deal with the
> admittedly rare instances where a registry is in business to profit
> from trademark infringement. Adding a new legal process and giving
> rights to outsiders who are not parties to the ICANN-registry
> agreements is likely to increase litigation and its expense for all
> concerned. It is not likely to deal effectively with the real problems
> of cybersquatting."
> 
> ISOC New York has posted a few videos here, including Jay Sulzberger
> speaking in his own capacity, and Phil Corwin of the Internet Commerce
> Association (more will be posted soon):
> > http://www.isoc-ny.org/?p=769
> 
> Two more comments from Saul Hansell on the New York Times blog:
> 
> The Best Internet Addresses Will Cost a Cool .Million
> > http://bits.blogs.nytimes.com/2009/07/14/the-best-internet-addresses-will-cost-a-cool-million/
> 
> Brokering Peace Between Brand Owners and Domainers
> > http://bits.blogs.nytimes.com/2009/07/14/brokering-peace-between-brand-owners-and-domainers/
> 
> This is the overview/announcement for these meetings:
> > http://www.icann.org/en/topics/new-gtlds/consultation-outreach-en.htm
> 
> There are two more to go, in Tokyo and Abu Dhabi, in the next couple
> of weeks.  Have only heard dribs from the London meet so far.
> 
> Seth Johnson
> 
> David Farber wrote:
> >
> > Begin forwarded message:
> >
> > From: Seth Johnson <seth.johnson at RealMeasures.dyndns.org>
> > Date: July 9, 2009 6:09:28 PM EDT
> > To: dave at farber.net
> > Subject: NY-ers Needed to Stop Trademark Abuse at ICANN
> > Reply-To: seth.johnson at RealMeasures.dyndns.org
> >
> > Hi Dave -- anybody in New York who wants to call out the ICANN's
> > "Implementation Recommendation Team" for their attempt provide tools
> > for abusing trademark while they roll out the new Global Top Level
> > Domains, needs to REGISTER BY TOMORROW here:
> >
> > > http://www.registration123.com/ICANN/GTLD/
> >
> > And then show up THIS MONDAY (sorry for the shouting, but those are
> > the key terms in this message) at the Millenium Hotel, 145 West 44th
> > Street.
> >
> > See the blurb below my signature from Kathy Kleiman, among those who
> > have been there from the inception of ICANN and watching out for all
> > of us.
> >
> > (Others in other cities, check out the schedule of meetings and get
> > ready -- they are hitting several cities in a rapid fire fashion this
> > month.)
> >
> > The MPAA and International Trademark Association have had a hand in
> > ICANN from its inception, when they prevailed in establishing the
> > Uniform Dispute Resolution Policy.  Now, along with rolling out new
> > global Top Level Domains, trademark holders are ramming through a new
> > process that goes well beyond that.  They are pulling out the stops to
> > get ICANN to implement what will in practical terms amount to a huge
> > revision in the nature of trademark, backed by strong action on the
> > part of ICANN.  Along with a new "Uniform Rapid Suspension System" to
> > shut down sites quickly, they are establishing ICANN as playing the
> > role of policing trademarks -- which by law is the trademark holders'
> > responsibility.
> >
> > Domain names don't match up with trademark law -- DNS is about giving
> > symbols one universal address.  Language is not.  You don't trademark
> > "Apple" -- you reserve the use of that trademark to market a
> > particular kind of goods or service.  Thus we have Apple Computers and
> > The Beatles' Apple music company.  Or Sun Oil in Canada, a completely
> > separate company from Sun Oil in America -- and certainly not the same
> > as the Sun computing company.  And trademark is also subject to fair
> > use and of course free speech.
> >
> > While of course this becomes a tool for draconian action in the area
> > of domain names, it also sets the stage for a major revision in the
> > basic conception of trademark policy, allowing this to extend further.
> >
> > Seth Johnson
> > (Random Internet Activist)
> >
> > ICANN Public Consultation: Should New Top Level Domains Include Broad
> > New Trademark Protections?
> >
> > On Mon, July 13, the Internet Corporation for Assigned Names and
> > Numbers  (ICANN) will hold a public consultation at the Hudson
> > Theatre,  Millennium Hotel, 145 West 44th Street, to discuss the
> > "rules of the  road" for new generic top level domains (gTLDs), future
> > competitors to  .COM, .ORG and .NET.
> >
> > A group of trademark attorneys, representing large brand owners, in
> > May wrote a report calling on ICANN to create broad new trademark
> > protections before opening up new gTLDs.
> >
> >    A. IP Clearinghouse: a massive database of registered and
> >       unregistered trademark rights created by ICANN (IRT
> >       Report, pp. 12-16
> >
> >    B. Globally Protected Marks List: a list of global marks
> >       created and maintained by ICANN (IRT Report, pp. 16-
> >       22)
> >
> >    C. Uniform Rapid Suspension System (URS): A ultra-fast
> >       takedown service with little notice or time to respond
> >       by domain name registrants (IRT, pp. 25-37)
> >
> > These proposals have been criticized as outside the mission and scope
> > of  ICANN, a technical body, and outside the protections and limits
> > of  trademark law. ICANN's Noncommercial Users Constituency writes "We
> > fear the impact of the IRT Proposals on free speech and fair use
> > online.  Trademark owners don't own strings of letters, they have a
> > trademark for  specific goods and services. Basic words like APPLE,
> > TIDE, SUN and TIME belong to all of us. Many important domain names
> > will be lost, or worse,  blocked before they can be registered."
> >
> > Approval of the IRT Report is being rushed through ICANN with minimal
> > opportunity to comment. It is vital that ICANN hear comment as soon
> > as  possible, and Monday is an opportunity to speak.
> >
> > ICANN's Noncommercial Users Constituency will be hosting a breakfast
> > at the Millennium Hotel on Monday morning. Please contact NCUC
> > Co-Founder  Kathy Kleiman, kathy at kathykleiman.com
> > <mailto:kathy at kathykleiman.com>,  for more details.
> >
> > Registration to speak on 7/13 at this link (deadline 7/10):
> > http://www.registration123.com/ICANN/GTLD/
> >
> > IRT Report:
> > http://www.icann.org/en/announcements/announcement-4-29may09-en.htm
> >
> > IP Justice Comments:
> > http://forum.icann.org/lists/irt-final-report/msg00210.html
> >
> > EFF Australia Comments:
> > http://forum.icann.org/lists/irt-final-report/msg00179.html
> >
> > Noncommercial Users Constituency Website with comments:
> > http://icann-ncuc.ning.com/
> >
> > -------------------------------------------
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