[ICANN-EU] Re: Elections/Endorsements

[Marc Schneiders <marc@venster.nl>]

Dear Andreas,

On Sun, 13 Aug 2000, Andreas Fügner wrote:

> Dear Marc:
> 
> 
> >Not per se. Courts do not accept cases so easily as WIPO. Often there
> >would have been no case, but for WIPO.
> 
>         Mediation does not close the door to court.
>         If no agreement is reached through mediation
>         a party is still at liberty to file a law suit.

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 have spend some time on the list at WIPO and read
a number of the
> >decisions. I do not deny that there are cases where it was correct to take
> >a domain from the owner. More often this was not so.
> 
>         I don't think one is able to judge, whether it was right or wrong to
> transfer a domain,
>         just by looking at the parties and domain involved. The list just
> provides a glimps of
>         what we are talking about.

Sure, but did I not mention (read it, it is still there a few lines
up) that I read cases?

> >As for perspective: that is exactly what this is all about. I hope you do
> >not think there is only one, to wit yours.
> 
>         There are plenty and, if for instance usage becomes an issue, yours
> are intrigueing.

Tell me more!

> >Anyway, your position is now clear to me. I must have been misled by some
> >of the idealistic words on your page. I should have given more weight to
> what
> >you do for a living: making the companies that have interests in curtailing
> the free
> >flow of information happy. I am afraid I am at the other side of the
> >battle lines.
> 
>         Now where do you see that?
>         What has my business to do with "making companies happy, that have
> interests
>         in curtailing the free flow of information"? Did I miss something?

From your ICANN web page: 

"Professionally I am dealing with intellectual property (trademarks and
patents). Thus, I bring first hand business expertise and practical
knowledge about these issues into the ICANN board."

Unless you have defended a number of so-called cybersquatters (so called
by those who want their property), I would say you defend the interests of
the IP and TM lobby. Althoug IP and TM are not in itself a main threat to
freedom of speech and information, in actual day-to-day situations they
are too often.

> And by
the way, I don't see us fighting a battle or being on > different sides.
>         We might have different opinions but I hope we have the same goal.

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? 

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