[governance] ICANN taxes/fees

[David Goldstein]

If your name was Harry Potter, there would be a good case of you keeping the domain name harrypotter.whatever, but you would have to have a legitimate use for the domain name. I very much doubt you could trade off the success of the character Harry Potter. Also, if you changed your name by deed poll I reckon you'd still be lucky to keep the domain name.

On governance issues, ICANN seemed to refused to get involved in the Spamhaus issue a few months ago, so I don't know if this is an area of interest for them.

So ICANN have some responsibilities, but I don't think in the areas you are suggesting Mawaki.

On the role of UDRP, there are numerous courts that suggest plaintiffs and complainants (correct terms?) should mediate/arbitrate, and the decision, if accepted by both parties is legally enforceable. Courts are often a last resort in many areas. Family Law is often a case in point.

David


----- Original Message ----
From: Mawaki Chango <ki_chango at yahoo.com>
To: McTim <dogwallah at gmail.com>; Governance <governance at lists.cpsr.org>
Sent: Monday, 5 February, 2007 2:44:35 PM
Subject: Re: [governance] ICANN taxes/fees


--- McTim <dogwallah at gmail.com> wrote:

> Don't believe everything you read

YES, Sir!!!

> 
> On 2/4/07, Mawaki Chango <ki_chango at yahoo.com> wrote:

<snip>
> > If you somehow
> > managed to register harrypotter.com, Warner Brothers or J.K.
> Rowling
> > [author of the book] could complain to the Internet naming
> authority,
> 
> They could complain.
> 
> > and you'd quickly lose the name.
> 
> not necessarily, what if your name WAS Harry Potter??
> 

Not necessarily so, AND not necessarily not so, isn't it?
And btw, if I was called HP, what would be fair (at least from the
IPR perspective) is that I amicably negotiate with, or sue, JK
Rowling AND Warner Bros. to pay me a share of the royalties for using
my name in making money - it wouldn't be enough that they just
concede that I register my name as a domain name, would it?

> > No court, no trial; simply a direct
> > divestiture of the domain name.
> 
> It doesn't quite work like that.
> 
> http://www.icann.org/udrp/udrp.htm
> 
> http://www.wipo.int/amc/en/domains/guide/index.html

Well, as far as I know, UDRP is not a law (or legal code) and WIPO a
courtroom. I mean, I just quoted an excerpt, and make no assumption
about what is written there: "no court, no trial." Even though those
who have the resources can still challenge the UDRP outcome in court,
that is not what is expected by setting up the UDRP mechanism.

The points remain:

1) The DNS as a technical system can be and is used to leverage
policy issues;

2) Is ICANN or not the governance authority that is currently
answerable to those policy issues? If so, there might be some
legitimate concerns it may still need to address: for example, try to
correct the market failure resulting from information assymetry with
regard to the registration market (just to mention an example.) if
not, who do we talk to?

Mawaki

> 
> It's a prime example of what David
> > Johnson calls "electronic," as opposed to physical, force.
> > The power over domain names and numbers could also be used as
> broader
> > enforcement tool against other types of unwanted conduct. As
> we'll
> > see in chapter 5, the U.S. government demands divestiture of
> domain
> > names and IP addresses for offenses like selling drug
> paraphernalia
> > or copyright infringement. One can imagine a future where
> divestiture
> > of IP addresses is a common form of enforcement. As punishment,
> > individuals, institutions, or even whole countries could lose
> domain
> > names, IP addresses, or even Internet membership.
> 
> This is complete bollocks.  There is no mechanism for "divestiture"
> of
> IP addresses, and if there were, they are not allocated/assigned on
> a
> country by country basis.
> 
> -- 
> Cheers,
> 
> McTim
> $ whois -h whois.afrinic.net mctim
> 

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