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

["Hans Peter Dittler" <hpdittler@braintec-consult.de>]

Here are my answers:
> Name
Hans Peter Dittler
>
> Region
Europe
>
> 1.  Speculation and the Aftermarket Industry
>
> (d) X
Speculation and Selling of names became possible because the DNS is misused
as a search tool. I hoped that can be corrected technically by better
search-engines, but until now these hopes have not come to a useful stage.
We have to live with this environment and let the market decide. If single
misuse goes too far we should use existing local laws to enforce rights of
names and trademarks.
>
> 2.  UDRP Rulings to date
>
> stronger WIPO rules
> to come out.
> (d) X
The UDRP process started just a short time ago. Some of the rulings are very
good and widely accepted, others not. This process has to be monitored and
perhaps refined in some aspects. But it is the best (or only) starting point
we have got.
>
> 3.  Cybersquatting
>
> (d) X
I am still in favor of a first-come-first-served base respecting all the
existing local name- and trademark-laws and possible enforcement by court.
This puts some additional risk on the shoulders of legitimate domain name
holders (if their name conflicts with an older trademark) but is open enough
to allow nearly all useful domain-name usage.
>
> 4.  New TLD's
>
> (d) X
New TLDs will not solve any of the existing problems alone. We have to
change the usage of the DNS and put it back to its role as  a
lookup-service. A few (or even several) more TLDs will not harm the system.
The discussion went so controversial, so best thing is to add a few and use
them experimentally, some with strict rules, other completely open and see
what happens.
>
> 5.  DNS
>
> (d) X
The DNS is not broken - technically: The DNS-System will be changed and
expanded technically. It will be made more secure (IETF-SECDNS) and perhaps
even multi-lingual (IETF-IDN). The administrative part has so many different
ways of handling (look at all the country-code TLDs with their specific
rules) that there is no one-size-fits-all solution. Trademarks have to be
followed in domain-names, but not all rules from traditional trademark-law
are applicable in DNS. New ways of handling DNS and trademark questions have
to be established in law and before the courts.

--regards Hans Peter Dittler--