Re: AW: [ICANN-EU] AMM's "government statement"

[Andy Mueller-Maguhn <andy@ccc.de>]

Dear. Mr. Schulz,

>But after your public statement I have to confirm that even if the web is
>free for all and even if everyone can and should do what he wants, we should
>also respect each other and also the rights of each other he has in the web.

agreed.

>The internet is since years no space without rights. On the contrary : who
>starts in the worldwide highway has to consider all legal systems he will
>touch. Itīs a pity that there is no global legal system but instead there
>are approximately 200 different national legal systems.

right, and they crash together in some areas, for e.g. in the
trademark issues, cause icann has missed to give out / mention some
policies for the TLDīs to EXPLAIN _what_ rules apply and to create 
own TLDīs like .TM (or secondary for national  trade mark) to avoid 
that all lawyers on this planet want to act on all  TLDīs, escpecially the gTLDīs.

>Instead of all: do you want that someone will hurt your domain right without
>your having a possibility to defend your right? 

depends on what you mean with "hurt". If I produced a product and
give that product a name and get an entry at the trade mark database
to protect that name and so can avoid than someone is giving out
a product of same type with the same name, this is fine.

but if my products effects society or does harm to the environment,
and I missed to get my products name at .com and find content on
my product there, or something else, Iīll have to live with it.

I strongly support protected areas for tm holdersī, but not the whole
name space as a protected area for the name space holders.

>What you like to name
>"covetousness, hidden behind laws" is nothing else than the interest of
>everyone to have his own place within the www.

No. It is the misuse of trademark by lawyers to get rich instead of
using the trademark as a protection. Look at the acitivities of
Mr. Gravenreuth and several others. Youīll understand what I mean.

>Write a book or create a software and
>do not speak of intellectual property as a theft of public space.

If you want me to change my arguments, Iīll have to ask you to
make better arguments. Just asking  me to stop arguing is childisch.

One more word to Mr. Hansen:

> because Andy wants it to be regarded as such a
>Government.

>This does not mean that it IS a world Governement.

Depending on what is your understanding of what the
world is. I tried to explain that if you see the world
as the information sphere, then ICANN is a government
cause it has global impact on the information sphere
and, missing to influence this for the users, is giving
it in the hands of others - lawyers, national governments
etc.

Just look at the french registry (allowing french citizen not
to get a domain, only open for companies and governments),
the missing icann policy (that the internetīs name space is
a public space) and the consequences.

Of course, if Icann would make such a policy, the french
government could override such a policy and still let itīs
ccTLD registration only open for companies & governments.
But then people would realize what the french government
is doing, more people would ask them why and - call me
naive if you want - in the long term road, such an undemocratic
behaviour would have a chance to change or other action
to be taken to give french citizens an name space asylum
(maybe in .eu ?).

So, I didnīt wanted Icann to be regarded as a world
government (to be able to override national laws), I want
it to make politics that symbolically fit in the tasks
icann has. 

thanx for your understanding,

A.

-- 
"chaos will reign" - MPAA lawyer Leon Gold in the lawsuit against 2600 cause of DeCSS

Andy Mueller-Maguhn, andy@ccc.de, Postfach 64 02 34, D-10048 Berlin, Germany
Key ID 331F9781 - Fingerprint 4996 E00B 317E AA17 9753 4678 9485 AD2A

17. Chaos Communication Congress: 27th to 29th December 2000 Berlin, Germany
https://www.ccc.de/congress/