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[ICANN-EU] A candidate view
- To: icann-europe@fitug.de
- Subject: [ICANN-EU] A candidate view
- From: "Griffini Giorgio" <grigio@mediapoint.it>
- Date: Tue, 15 Aug 2000 17:20:37 +0200
- Comment: This message comes from the icann-europe mailing list.
- Sender: owner-icann-europe@fitug.de
Hello, I accepted to join the icann-europe list being invited to do so by
Thomas Roessler.
Clearly speaking, I'm an outsider. You can find more info about me on the
ICANN web page for Europe region member-nominations.
I just collected from archive the questions posted by Alexander Svensson
and Thomas Roessler and I will post my answers very soon. (Maybe
minutes...)
In the meanwhile you may take a look on the way I answered to the ICB
survey which I'm enclosing here.
Best Regards
Giorgio Griffini
Here are the answers to the ICB survey:
--------
Hi,
Thank you for giving me the possibility to express my opinion on specific
subjects.
Here are the answers for your survey.
I'm sorry to say but I selected no pre-written choice for any question within
your survey so consider each response as filled into the 'd)' box for each
question.
Thank you for your attention.
Best Regards
Giorgio Griffini
#########
Name: Giorgio Griffini
Region: Europe
1. Speculation and the Aftermarket Industry
I have no particular objection as long as things are done by not stealing
names to legitimate entity (by cybersquatting or reverse hijacking). The
market will be the judge of this specific way to do "business" on internet.
2. UDRP Rulings to date
I think the current UDRP is well balanced on helping to solve
cybersquatting/reverse hijacking problems. It is not a catch-all,of course, but
considering that it is being operated in a multi-country multi-jurisditional
scenario I think it is ok (there are countries where there is no law
enforcement at all). If it will shows significant weakness in some areas or it
will be significantly viewed as 'too much binding' we will always have the
opportunity to fix it by smoothing or making it
stronger.
3. Cybersquatting
I completely disagree with cybersquatting and with 'reverse domain name
hijacking'. I consider these as incorrect way to behave and I would not like to
favour them. On this subject, howewer, a law enforcement is often needed
but this is not available on many countries so I think we must do whatever is
possible to prevent such activities on ICANN side first.
4. New TLD's
The subject is very complex and controversial and cannot be discussed
appropriately within few sentences. Being very very short I think that new
gTLD will make cybersquatting activities a little more resource-consuming
but I'm not sure that enforcing a strict trademark policy (by sunrise, well
known marks list or whatever) will significantly help trademarks
owners on protecting their marks. They will still have to protect their marks in
a multi-country, multi-jurisditional environment for real life usage and savings
introduced by enforcing a strict policy will be lost by the rise of domain
registration fee required to keep and maintain these
policies (and resources) over the time.
5. DNS
I think the DNS system (technical and organizational environment) is being
overloaded with a task for which is not built for: giving real life visibility.
I think that in the long term, the solution will be neutrally
owned directory systems where finally we will have the ability to have more
than one entries with the same name. In this scenario, all name claims on
rights will be handled in a more appropriate way as 'normal' trademark or
service-mark disputes in the appropriate jurisdition. I sincerely think that
there are very few people which would like to expose themselves by
proposing such change in the short term because it will be
really pervasive and in two word will be a "big change".
On current scenario, adding new gTLD will surely help but I think it is just a
simple way to delay the effort required to solve the problem by moving it a
little bit forward on the time axis.
#########