Re: [ICANN-EU] UDRP

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Marc Schneiders:

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


            I just had a brief email exchange with Judith Oppenheimer about
the situation with
            toll free numbers. No mediation there, the only solution is to
go to court. I think with
            UDRP we are a step ahead here.

            Îf you think it needs reform, please add where and how.

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


            Yep, but this goes in circles. For you the WIPO seems to be
"bad".
            I am missing constructive proposals

>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?

            OK, if a law suit is filed a court decides whether it is the
right institution for this matter.
            If yes, it informs the defendend. If the defendend has no legal
representation,
            a letter is all it takes, the court appointes a lawyer from
legal aid.
            Now this might not be the best choice. So, if I were in this
situation,
            I'd look on the internet. There are some lawyers working in this
area
            and consumer groups as well. One might find better advice (for
free) there.

>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.


            So far I think in terms of costs for registration, setup,
maintenance,
            replacement, etc.

>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.

            "Bad faith" is a legal term. It means somebody acted allthough
he/she knew better.
            Instead of "in good faith" which means: Sorry, I did not know.
            It is difficult to argue "good faith",  if one registers a
domain and offers it to a
            trademark owner for purchase.


>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.


            Exactly my point. ICANN is about securing infrastructure, which
means service.

            Let's take electricity as an example. For decades consumers were
paying for electricity
            what the monopoly was asking. All under the cover of "reliable
service". Recent
            development proved, that the monopolists were illegaly
subsidising other areas.

            The solution is easy and legally confirmed by the European
Antitrust Comissioner:
            "A monopoly can be accepted, if necessary. The monopolist has to
open its books
            and make its calculation open to the public in an understandable
way."
            I'd like to have a discussion with the board members for example
about NSI and ICANN.


Have a good evening,

Andreas Fuegner