Re: [ICANN-EU] The real challenge for all of us as candidates

[Marc Schneiders <marc@venster.nl>]

On Tue, 22 Aug 2000, Thomas Roessler wrote:

> On 2000-08-22 16:21:35 +0200, Marc Schneiders wrote:
> 
> > And what do you propose to end the present situation where some
> > arbitrator appointed by the party that wants a domain can steal
> > it from those who are the rightful owner, but are smaller
> > businesses or ordinary people? See barcelona.com: "the city has a
> > more legitamate right than a company". This is against the rules
> > of the UDRP but it happens. You let it happen.
> 
> Yes, it does happen, and that's a matter of fact which can't be
> changed by some Internet organization saying "we don't want".  

Huh? The UDRP is ICANN "law"! ICANN approved WIPO to do the arbitrations
under the ICANN UDRP. So ICANN is responsible for what WIPO is doing. It
cannot deny that. Not even a hypocrit could deny that. (Not saying you are
one :-)

> The
> only way to change these things are international treaties and
> national legislation, which are both issues far beyond ICANN's
> current scope, and power.

ICANN introduced the UDRP. ICANN should now, and fast, review how it
works. UDRP is not bad in itself to avoid the clearcut cases of
cybersquatting. Problem is that WIPO makes new rules and ICANN lets this
happen. Thus ICANN is passing authority in this matter to WIPO implicitly.

There is no "more legitimate" domain name holder in the UDRP. WIPO
invented it and ICANN simply lets it happen. It is either powerless or
doesn't care. What is worse?

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