Re: [ICANN-EU] UDRP

[Marc Schneiders <marc@venster.nl>]

Dear Andreas,

On Mon, 14 Aug 2000, Andreas Fügner wrote:

> Dear Marc:
> 
> >If you become repetitive, I have to follow you: Courts are too expensive
> >(well the lawyers one must have to file) for many small business owners or
> >ordinary people. The time UDRP gives to file is too short too raise funds,
> >unless you are big.
> 
>         I think UDRP is a positive alternative to a law suit. Period.

Yes, apart from the "Period" you did mention that earlier. I think it
needs reform, lots of reform. Period.

>         This forum is not intend to argue about our legal system, is it?

No, not as a separate issue. It is when it touches important aspects of
the politics ICANN is involved in. Don't you agree?
 
>         Ever heard of something called legal aide?

Yes, I've heard of free (or inexpensive) legel aid. Where can I get that
if I need to go to a US court to get my domain back?

[...]

>         If a domain is transfered, in my opinion, there should be a
> reimbursement!

Yes? Good. How much? Not the silly $10 or 12 euro, I hope, that a
registration costs. But reimbursement is not what I heard are ICANN's
plans. No, to make it worse, there was talk in Yokohama about letting
those that loose a domain pay for the procedure as well, thus making it
necessary to small people to give up the domain in stead of fighting for
it. Nobody on the board spoke up against it.

> >I am not sure we have the same goal. Initially I thought we had. I now
> >doubt we do. I stand for equal rights for all on the internet, not based
> >on the power of money. And above all for freedom. What do you stand for?
> 
>         "Equal rights" and "freedom" are platitudes everybody has to sign on
> to.
>         I refered to representing all users, not just the so called
> "cyber-squatters".
>         These are no modern Robin Hoods or David fighting Goliath. They are
> a
>         relatively small group of BUSINESS people getting a lot of media
> coverage and
>         attention.

OK, I fight for those principles you call platitudes. I do not think I am
Robin Hood or Jesus or Mao. Some people who are WIPO-ed may be (small !)
business people. Others are people who owned their personal name as
domain name, or a nickname they had used for 5 years, or a book
from the bible they had a special love for. Nothing to do with
business. If you let go on these matters of *principle* all users will be
at risk to loose their name. Many more people will get their own domains
in the near future. It is already happening. It is not an issue of
speculators. That is what the WIPO / IP / TM lobby are trying to turn it
into. "Bad faith, bad faith, bad faith" is the miraculous word to shout.
And that's what they do. And that's how they win. It has to stop.

>         While the majority of plain users is mostly unnoticed. And that is
> whom I want to
>         represent.
> 
>         And you??

The same but in another way. What I stand for is clear. What do you stand
for? "Representing the majority of unnoticed users", means
what? Now, talking about platitudes, could you be more specific? You want
to represent, but why? What are your goals for ICANN? Better
internet access, faster, cheaper? That is what users care about, and I
don't blame them, on the contrary. But ICANN is not about that. It is
about infrastructures and how they serve, or oppress.

> Best regards and have a nice week.

Thank you! 

--
Marc Schneiders ------- Venster - http://www.venster.nl 
 marc@venster.nl - marc@bijt.net - marc@schneiders.org