[ICANN-EU] Re: Domain Name Survey for At-Large Member Nominees

[Lutz Donnerhacke <lutz@iks-jena.de>]

On Wed, Aug 09, 2000 at 11:03:54PM -0400, Judith Oppenheimer wrote:
> Trademark owners, domain name owners, and others interested in domain name
> issues worldwide, are following this ICANN election with great interest.

That's very true.

> Please take a moment to note your position on the following domain name
> issues, placing an "X" next to the answer that matches your point of
> view, or if you prefer, state your thoughts in your own words on line
> (d). (Take as much space as you need.)

Sorry for answering so late, but I had several problems with your unusual
direct language. I do not like predefined answers to I'm going to take this
opportunity even in the case one predefined answer would match.

Name:   Lutz Donnerhacke
Region: Europe 

> 1.  Speculation and the Aftermarket Industry
>
> (a) ___ I love it, its great to see that entrepreneurism thrives.
> (b) ___ I'm not particularly interested personally, but don't question its
>         legitimacy.
> (c) ___ I think speculators are greedy hoarders, hijackers and extortionists.

The misuse of domain names as catchwords caused speculation and
cybersquatting. I do not like any trade with domain names. To me domain
names are like physical addresses and not subject of speculation. But facing
reality marketing had changed (demolished) it.

If the request for a catchword system is overwhelming, either DNS may
changed to support it and the addressing mechanism of DNS has to be switched
over to a completely new system (hardened agaist marketing droids). Mr.
Schüller presented some interesting ideas to implement a catchword system
besides DNS a few weeks ago. I suggests an alternative use for DNS several
years ago (HDDB).

> 2.  UDRP Rulings to date
>
> (a) ___ What garbage!  Where'd these guys go to law school?
> (b) ___ The rulings seem evenhanded enough to me.
> (c) ___ The UDRP doesn't go far enough -- I can't wait for stronger WIPO
>         rules to come out
> (d) ___ _________________________________________________________

UDRP is an interesting solution to a lot of problems. The good thing on UDRP
is the requirement to show misuse in order to start any action against a
current domain name holder. The bad thing is, that this process is not
mandantory. Court orders overrule.

> 3.  Cybersquatting
>
> (a) ___ First-come first-serve, that's my motto - let the court systems
>         handle it. There are laws already in place.
> (b) ___ I'm a firm believer in traditional trademark law enforcement, but
>         "Model E"? Give me a break ...
> (c) ___ Greedy hoarders, hijackers and extortionists - the UDRP and current
>         legislation aren't strong enough.
> (d) ___ _________________________________________________________

UDRP says that cybersqatting is a valid reason for transfering the domain to
an other holder. I second that. OTOH I do urge all our customers to not
overreact. Shell AG is a good example: shell.de was registed by a
cybersquatter (family name Shell). Instead paying a lot of money (as
requested) they choose another name.

> 4.  New TLD's
> 
> (a) ___ There is no technical reason for quantity limitations or rules
>         against proprietary TLD registries, I rather let the marketplace
>         decide.
> (b) ___ Its so controversial, let's keep some limits and registry uniformity
>         too.
> (c) ___ I prefer few new TLD's, and strict trademark policing by the
>         registries.
> (d) ___ _________________________________________________________

As said above: If you want a addressing system, trade marks are irrelevant.
If you want a catchword system, decide if DNS should be transfered into such
a system or another system has to be build (preferable).

Currently DNS is an addressing system, so there is no need for more TLD.
Without very repressive chartering I strongly refuse any new TLDs.

> 5.  DNS
>
> (a) ___ Eliminate domain name registration contract revocation language, and
>         give users control over their domain names, and recourse for theft
>         and loss.
> (b) ___ The system works as it is - why change something that isn't broken?
> (c) ___ Trademark owners should have first choice, and while we're at it,
>         limit everyone else to one domain name each.
> (d) ___ _________________________________________________________

DNS is a hierachical distributed database. Among other things it is used to
store domain name to ip address mappings. Your questions is about DNS and your
answers about register processes.

Please take my answer to this question from the answers above.