[governance] new gTLDs

[parminder]

I am honoured to agree with the US Congressional judicial committee that 
ICANN is sitting on the top of a major screw up. Those - and I am 
surprised that most civil society members here are rather unconcerned - 
who dont yet see that this is going to be a major screw up will soon 
know better...

I especially agree that ICANN has done practically nothing to get 
*informed* comments from outside the largely compliant ICANN community 
on an issue that implicates just everyone, who deals with language and 
ideas that is.

However, while the US gov has come on the side of ensuring 'a secure 
stable marketplace' basically to defend the rights of trademark owner 
which we know are rich people, I do hope some governments - since the 
involved civil societyseems not willing - comes on the side of ensuring 
'a secure stable public-place'. By it I mean a public-place from where 
our commonly owned words (with all the cultural significances they hold) 
like love, kid, book, school etc  cannot be plucked out and handed over 
to some business houses as private property.

When 'trademarks' allow exclusive rights over some words to some private 
parties in very clearly limited contexts, and with so many 
pre-conditions, caveats etc, how can a private body simply hand over the 
*globally* exclusive use of generic words, with no trademark claim to 
them either, to private parties just on the highest bid !!? 
Interestingly, while no legal basis for such exclusivity is employed, a 
very privileged exclusivity is provided through control over the 
architecture that ICANN has. A very good instantiation of the maxim 'in 
the digital space, architecture if policy'. Such control was given to 
ICANN on public trusteeship. It has violated that trusteeship. This is 
unacceptable. This is loot of public property, facilitated by the 
employed trustee.

Just think of the scenario when Amazon owns .book, and mind you, it is 
to be fully private. Unlike existing registries like .com etc amazon 
will not even be obliged to sell second level domain names under .book 
in the public market (protecting the marketplace, huh!). Quite soon, 
amazon may change its name, or at least its book division's name to 
.book... It will have a right to, since it owns that particular symbol 
in a very special way..... Remember, normal trademark etc law wont allow 
it to run its business under the name 'book', because it will be 
considered too generic a name, meaning it is pubic property (those good 
old times when laws were made to protect the public!). But with 
anexpedient routed through theICANN- that benefactor of the powerful, 
Amazon can run its business under .book, the ownership of which is 
'established, or would certainly get established over due course of use 
as everyone will know, of course .book is amazon (and vice versa), are 
you kidding or what!

I am sure with some proven use and exclusivity, trademark authorities 
will also be compliant... As the world, especially in the use of 
language, goes mostly digital, we hand over our common property, the 
idea and the word, 'book', to a private company.... and then it is the 
turn of 'kid', 'love', 'cloud', .baby, .book, .eat, .family, .film, 
.home,  .movie, .music, .search, .beauty, .school................ one 
never knows were it will end, or why should it end at all!

I am completely lost as to what public interest does all this serve? 
Isnt ICANN there to serve public interest! Why couldnt we stick to 
relatively meaningless three alphabet gtlds like .com, .org and such, 
and, being most important, making it incumbent upon the registries to 
sell second level domains in the open market on a non discriminatory 
basis?? Why has ICANN taken upon itself to further privatise anything 
and everything that conceivably can be privatised and perpetual rents 
extracted for the benefit of the most powerful, in the true spirit of 
the resplendent neoliberal march.

I really hope those outside the wunderworld of ICANN would take this 
issue up in the right earnest.. I suspect, the storm would start brewing 
soon. I cant see how ICANN, and its compliant ICANN community, will be 
allowed to get away with this absolute loot of our common cultural 
heritage. I think this time ICANN has bitten off too much.....


parminder


On Wednesday 15 August 2012 02:39 PM, "Kleinwächter, Wolfgang" wrote:
>   
> FYI
>   
> http://www.leahy.senate.gov/imo/media/doc/8-7-12%20Letter%20from%20Senate%20and%20House%20Judiciary%20Committees.pdf
>   
> wolfgang
>

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