RE: [ga] Destroying the Utility of the DNS

[Danny Younger <dannyyounger@xxxxxxxxx>]

Jeff,

I particularly appreciated these comments for Louis
Touton in the correspondence that you cited:

"ICANN's Governmental Advisory Committee (GAC), which
consists of representatives of approximately 30
national governments and intergovernmental
organizations (including the World Intellectual
Property Organization) issued a communiqué to ICANN in
August 1999 which gives the following advice to ICANN:

"The GAC reaffirmed its May resolution that the
Internet naming system is a public resource and that
the management of a TLD registry must be in the public
interest.

"Accordingly, the GAC considers that no private
intellectual or other property rights inhere to the
TLD itself nor accrue to the delegated manager of the
TLD as the result of such delegation."

Just as the introduction of an Internet top-level
domain creates no intellectual property rights in the
top-level domain name because it is not
source-identifying, the use of that name as a
top-level domain is not subject to exclusion under
Article 6ter of the Paris Convention for the same
reason."

So now the question remains, how do we deal with the
GNSO Council's "consensus recommendation" #3 that
states:  

"Strings must not infringe the existing legal rights
of others that are recognized or enforceable under
generally accepted and internationally recognized
principles of law.  Examples of these legal rights
that are internationally recognized include, but are
not limited to, rights defined in the Paris Convention
for the Protection of Industry Property (in particular
trademark rights)..."

Are these GNSO Councilors just plain stupid, or are
they so just busy trying to suck up to the GAC that
they've lost all common sense?




      
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