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

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Andy, dear Christian:


[...]

>>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. It´s 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 TLD´s to EXPLAIN _what_ rules apply and to create
>own TLD´s like .TM (or secondary for national  trade mark) to avoid
>that all lawyers on this planet want to act on all  TLD´s, escpecially the
gTLD´s.

Nobody could have forseen the various developments on the internet.
Thus, ICANN o anybody else could not set rules for everything.

>>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.


Trademark laws go further beyond this.

>but if my products effects society or does harm to the environment,


What does the environment have to do with this?

>and I missed to get my products name at .com and find content on
>my product there, or something else, I´ll have to live with it.


No, you do not! If someody is misusing or abusing your trademark,
than this person is "hurting" your rights. Not much different then
damaging any other kind of your property.

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


That would be a violation by itself.
A theoretical solution would be to create a TM free zone.
Pretty much like the news groups for flame and hate language.
Unfortunately TM laws do not allow such a thing. A TM holder
is by law required to fight ALL violations in order to keep his right.

>>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.

Again, a TM holder, who misses to protect his right once, is in danger
loosing the right all together. See "das Erste" vs. "KABEL 1".

>Look at the acitivities of
>Mr. Gravenreuth and several others. You´ll understand what I mean.


May I kindly ask for some URLs ?

>>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, I´ll have to ask you to
>make better arguments. Just asking  me to stop arguing is childisch.


Dear Andy, what Christian meant was, that every intellectual property right
is an instant limitation on every body else. If you were the inventor or
creator
of something and had protection for it, then everybody else was limited.
Would you want people to copy your articles and claim it was their creation?

Certainly not. And that means that nobody else can right the same article
anymore. It is the same with TMs.

[...]
>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.


Please, Andy! Step outside your world for a second.
The internet is only a small part of the information sphere.
People are still talking face to face and over the phone,
they are writing letters and facsimile, listening to radio,
reading newspapers, watching TV, etc.

The internet is growing, but let us not exaggerate the power
and influence of internet entities over the world.

You are surly aware of the impact of your statement.
Claiming ICANN to be "internet government" raises
all kinds of concerns, fears, mistrust, expectations etc.
The statement is false.

Andreas Fuegner