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[FYI] Arguments for Recalling WIPO RFC3
- To: debate@fitug.de
- Subject: [FYI] Arguments for Recalling WIPO RFC3
- From: Horns@t-online.de (Axel H. Horns)
- Date: Fri, 9 Apr 1999 22:08:27 +0100
- Comment: This message comes from the debate mailing list.
- Organization: Private Site
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http://firstmonday.org/issues/issue4_4/gerck/index.html
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Arguments for Recalling WIPO RFC3
By Ed Gerck
The Internet Domain Name System (DNS) allows a user to
associate a name with a resource on the
Internet, such as a machine, an electronic mail address, or a Web
site. Trademarks exist in another, more traditional, name system
which permits a customer to associate a product name with an
enterprise, the mark owner. This paper argues that DNS names are
intersubjective and never objective, while trademarks are
objective and may also be intersubjective. These basic
differences between a DNS name and a trademark name were however
fully ignored by the World Intellectual Property Organization
(WIPO) report RFC3, which seeks to regulate worldwide Internet
domain names in purely objective terms. This paper further
demonstrates that conflicts between the two naming systems exist
in the intersubjective arena but are less than 0.04% for a
typical well-known mark in a period of nine months. These results
suggest that WIPO's RFC3 is basically flawed in motivation,
qualification, and method, so that it should be recalled in
totum. Its application would more probably cause more
difficulties to Internet users and trademark owners than the few
confusing cases it may avoid. A solution to these problems may be
found in digital identity certification or at least origin
authentication. "Business server certificates" - based on
cryptographic challenge-response - can concretely define an
objective business identifier on the Internet and can be used to
support trademark requirements. Other issues such as
cybersquatting, anonymity in DNS registration and tracing and
stopping trademark-infringement sites are also treated in this
paper.
[...]
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