[ga] revisiting thread: Is ICANN planning on respecting copyright laws in the new TLD program?

[Jeffrey Williams <jwkckid2@xxxxxxxxx>]

All, especially Matt,

Regarding previous thread:
http://gnso.icann.org/mailing-lists/archives/ga-200709/msg04557.html

  US copywrite law applies to those copyrights that fall under the
provisions regarding this act
and in accordance with the US Department of commerce's regulations there
unto pertaining.
Trade agreements between nation states provide some additional protections
in accordance
between those trading nations agreements.  TLD's in and of themselves are
in the US not
'Trademarkable' per se.  Therefore it is possible if not likely that TLD's
that have trademarks
in and of other nations Trademark regiment under those nations laws will
not be recognized
unless trade agreements between same specify such accordingly.

  This said, and I believe reasonably accurately, ICANN has the
UDRP mechanism  for settling
these disputes should such be brought accordingly with TLD's respective to
a particular
nations recognition of same.  ICANN is NOT a legal entity per se with the
power or mandate
of such or same to determine in finality if such a conflict should occur.
 That is a good thing
IMHO not withstanding the UDRP mechanism which leaves much yet to be
desired.

  Remember in most nations legal structure, and certainly in the US,
defending your Copyright
is the sole responsibility of the Copyright holder.  However this sometimes
makes disputes
rather, if not significantly difficult to resolve accordingly.

Respectful regards,