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

[Christoph <cweber@dialup.nacamar.de>]

Hello,

Thomas Roessler wrote:
> 
> On 2000-08-22 02:29:59 +0200, Christoph wrote:
> 
> > I think one of the main goals of a sensible DNS reform should be
> > making clear that trademark law can not and should not be applied
> > to host names.
> 
> Sorry, but you are obviously dreaming.

Yes. Defining political goals is just that. If yo want to be
nice you call it a vision, or - to quote current corporate jargon -
a mission statement.

> Trademark law _has_ _been_ successfully applied to internet domains,
> and it will be in the future.  You can like it or not, but changing
> this would require some 200 national states to change their
> legislation in favor of - what?  What pressure group, what industry
> interest?  Forget it.

Not really. Because there is no logical reason for it. domain names 
are just one component in defining the place you can find web content.

Why the domain, but not the host name ? Why domain but not the path ?
Why domain, but not the name of the street your house is in ?

No reasons here - just: it is this way.

Wrong. There's no law on the world saying it this way. Just some 
dumbass judges too lazy to think and unable to reason said so,
and everybody followed.

Go change it.

> The only thing you can hope for is that some other mechanism is
> invented which provides (1) direct addressing, (2) catchy company
> names, logos, and commercials, and (3) is simpler to use, and that
> litigation concentrates on that scheme [...]

Why the f** ? Why are judges allowed to be immune to logical reason ? 
Why do you assume it will stay this way forever ? 

We shouldn't just give in and shape the world accordingly! 
These things are _not_ written in stone. 

Trademark law is supposed to be consumer protection, to allow 
stable identifiable producer-consumer relations. To enable
trust.

With single companies having thousands and thousands of trademarks,
and suing everybody to China and back for similar uses, it just
doesn't work that way any more. Which means it must be reformed.

Don't shape the world to bad laws, change bad laws.

Regards

Christoph Weber-Fahr