Re: [ICANN-EU] Trademark Lobby on AMM's Regierungserklärung

[Alexander Svensson <svensson@icannchannel.de>]

Marc Schneiders wrote:
> Maybe someone who likes typing and can get it, can send some quotes to
> this list for those who can not? Not the whole text, of course. That
> would be illegal...

A rough and quick summary:
Horst Prießnitz of the www.markenverband.de says that
Andy Müller-Maguhn's remarks show a poorly developed
feeling for the responsibilities of the [ICANN At 
Large director's] office, both in tone and content.
He reminds Müller-Maguhn that he is the champion of
users, among them lawyers, "Krawattis" (müller-maguhnese
for tie-wearers) and those whose creativity and 
innovation he doesn't want to see rewarded.
  Prießnitz argues that Müller-Maguhn is right that 
Icann enables the functioning of the Net and that the 
Net is a communication space which, being a public 
space, is open to everybody and is also factually not 
to be ruled; Internet control is not possible selectively
by content, only by access, which makes addresses
important.
  But Prießnitz thinks Müller-Maguhn is wrong in that
he thinks that the Net is an extra-legal space. Even
the Internet is only a means of communication, albeit
with revolutionary possibilities. That the Net began
as an extra-legal, anarchist space which was later
usurped by lawyers and "Krawattis" is nothing but a myth. 
Enforcing law on the Internet is difficult, but there has 
never been and should never be special virtual law.
  Prießnitz doubts Müller-Maguhn's honesty when it comes
to the demand of an extra name space where name law
is applicable or of interconnected cultural parallel 
universes. As the Internet is indivisible, cannot be
channelled and as the information flow is decentralized,
there cannot be such parallel networks.
  According to Prießnitz, the protection of trademarks
works well for a self-organized system like the Internet. 
Despite all freedom of communication and decentral structure, 
the Internet only works because of the hierarchical name 
space administration. Names are important goods, and it is 
not comprehensible why someone should be allowed to register 
other peoples' names and trademarks.
  Prießnitz argues that it would be regrettable if
Müller-Maguhn wasted the chance that lies in the experimental
ICANN At Large election. An anarchistic evocation of
togetherness feelings of the "simple users" and an
us-and-them-attitude will not help overcoming the future
challenges. The Internet surely is the most democratic
medium, but its participants are not without rights. This
concerns criminal law as much as civil law. Because the
Internet is not a parallel universe but a means of 
communication between "real" people, the enforcement of
law is not only necessary, but also right.
 Finally, Prießnitz urges Müller-Maguhn to become aware
of the importance of trademark law esepcially for the
Europeans.

Best regards,
/// Alexander

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