questions for candidates

re: new TLDs

ICANN decided to create new TLDs. I think the registration for new TLDs should follow the established procedure of "First come - First served". There are many companies where one can register.

re: trademark - domain conflicts

I support the idea of "first come - first served".

With trademark ownership comes the duty to protect it.

There are no "trademark protection mechanisms" in the real world

and they are unnecessary on the internet.

Trademark owners sometimes claim the right to a domain that is owned by another party.

By the way, sometimes they don't. It is interesting to review the list of cases (f.e. at WIPO).

There are two cases, where trademarks and domains can really be in conflict.

a) trademarks registered and used for publishing.

What every body does under a domain in essence is publishing.

Some publish private matters, others publish their business.

Sometimes it is a mixture of both.

Thus, a trademark registered and used for publishing is violated if somebody

but the trademark owner uses the domain.

b) trademarks famous all over the world.

Only few trademarks are famous all over the world.

Trademarks are supposed to identify the provider of a material or immaterial product or service.

Another party using a trademark famous all over the world as a domain is misleading its audience.

re: UDRP

UDRP is one way of attempting to solve trademark - domain conflicts.

There are many others.

The domain owner could notify its audience, that it is not the trademark owner and that it

is not publishing under the trademark. This notice can be given before the domain is entered.

It can also be published on other locations of the domain like the menu, the header, footer, etc.

The domain owner could provide one or more links to the internet domain of the trademark

or the trademark owner. There are various places where one or more links can be placed.

There are many ways to share a domain. Content can be shared, sub-domains can be used, etc.

In case of a transfer of domain ownership I personally think there should be a reimbursement

for costs of registration, maintenance, etc.

re: politics

ICANN is NOT a political or ethical organization. Neither is it an internet government.

As long as there is a decentralized, non monopolistic infrastructure,

I doubt that the internet can be governed in a traditional sense.

The only "political" task of ICANN should be, to insure and increase the decentralized

infrastructure and this should be considered during any decision making process.

Sometimes ICANN has decided and will decide about issues with impact on political matters

like the ccTLD for Palestine (.ps) or the still discussed ccTLD for Europe (.eu).

In those cases ICANN should seek consensus.

re: future role of At Large Membership

The elected directors will represent the members.

The work of the directors will have an impact upon the future procedure.

If the members and their elected directors can convince,

that the step towards elected directors was right,

we will have more elected directors in the future.

Which means more influence for the internet user.

I hope the experiment will work.

If it does, membership will hopefully grow and the future

development of the internet will be more focused towards

the users needs and wishes.

That requires extended communication between the directors and the members.

Which can be reached through discussion groups, forums and direct email.

Comments are welcome,

best regards,

Andreas Fuegner