RE: [ga] List of Domain Names

["Debbie Garside" <debbie@xxxxxxxxxxxxxxxxxx>]

Hi Karl

My responses in line...

> On 06/15/2010 06:32 AM, Debbie Garside wrote:
>
> > I wondered if anyone on this list has any opinions on who owns the
> > data held by gTLD Zone Managers?
>
> In any normal business the records held by a vendor
> pertaining to the relationship between the vendor and the
> customer would be private business records that are not
> available to the general public.

Indeed... But we are not talking normal business here.

> In the normal case the data is owned by the vendor or the customer.
>
> There is no real reason why that ought not to be the case for
> domain name registrations.  All the drumming and whining of
> the trademark and law enforcement community is simply a form
> of political posturing that is a mask for those groups'
> desire to avoid the procedures and costs of engaging in the
> normal process of making an accusation or having reasonable
> grounds for suspicion and using that to initiate a properly
> controlled and limited form of access.

By releasing the Zone Files, tools can be created that enables trademark
owners to watch domain names and their usage for any trademark infringement.
The alternative is to purchase all possibilities of a domain name or run the
risk that someone will register, for instance, http://www.ærlingus.com and,
for instance, send out millions of spam emails within a few hours selling
tickets for $5. This is the reality of the situation and why business owners
have, perhaps, been rather against the new gTLD and IDN program.

>
> And the idea that a domain name that simply exists can be a
> form of trademark infringement is ludicrous - a domain name
> that simply exists is not in commerce.

I agree.  But see above scenario.
>
> That means that for a domain name to offend a trademark that
> name has to be used in some concrete way.  It is the way in
> which a domain name is used, not the mere existence of a
> domain name, that triggers a trademark violation.

There is an old saying here, "it is no good closing the stable door after
the horse has bolted".  I would rather the information was made available in
order that we may have a more proactive, as opposed to reactive, approach to
trademark infringement and security.  Take for instance the scenario of
attacks on domain name registrant data (see reports of attacks on Comcast
and Checkfree or read the SSAC report - Measures to Protect Registration
Services Against Misuse).
>
> In that regard, simply allowing even more people to plow
> through name registration data is simply a greater violation
> of privacy rather than an enhancement in trademark protection
> - except to those who believe that trademarks are the highest
> and mightiest value on the internet.

In the case of the hypothetical scenario relating to www.ærlingus.com , who
are the losers - consumers or company?  Answer: both
>
> Let's not exacerbate the privacy catastrophe that has been
> created by ICANN's submission to the trademark industry.

What submission?

Best regards

Debbie
>
>       --karl--
>
>