Re: [ga] List of Domain Names

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

This is preposterous.  Karl is suggesting that IP interests follow the damn 
law.  Ridiculous!!   All due process and habeus corpus must be suspended during 
this time of Registrants Insurgents.  Anyone want to tie this in with why the 
Registrants do not have a constituency???

(I am not saying a conspiratorial concerted 10 year effort to subversively[not 
submissively] thwart any efforts)




________________________________
From: Karl Auerbach <karl@xxxxxxxxxxxx>
To: debbie@xxxxxxxxxxxxxxxxxx
Cc: Accountability Headquarters <ga@xxxxxxxxxxxxxx>
Sent: Wed, June 16, 2010 1:24:21 AM
Subject: Re: [ga] List of Domain Names


On 06/15/2010 10:59 AM, Debbie Garside wrote:

>> Let's not exacerbate the privacy catastrophe that has been
>> created by ICANN's submission to the trademark industry.
> 
> What submission?

Not "submission" in the "I submit this document to you" sense.

Rather, "submission" as practiced in the South of Market part of San Francisco, 
as in the opposite of "dominance" - often involving leather and whips.

I am on both sides of these issues (the trademark issues, not the 
"submission/dominance" issues ;-) - I and my company own several US registered 
trademarks that we monitor and defend.  On the other hand I am routinely 
aroused at all hours of the day, weekdays and weekends, by telemarketers who 
are calling using telephone numbers that have been obtained by data mining 
whois.  And I get several thousand spams a day to addresses that exist only in 
my registration information, again gleaned by mining of whois.

The hypothetical threats that trademark people carry on about are Chicken 
Little tantrums that their sky is falling.  Much of that whining is about uses 
of names that are lawful uses - even the Nike company has to give way to the 
Greek pantheon and that famous winged statue from Samothrace (sp) that's at the 
top of a staircase at the Louvre.

It has long been my position that a trademark owner who wants to look into 
whois ought to be required to state, in writing onto a permanent and public 
record, his/her name and accusation, backed by concrete statements of 
supporting evidence, why he/she believes that the accused domain name owner is 
violating an owned trademark or some other right that is possessed by the 
person seeking access.

    --karl--