UDRP and ICANN / Input Requested

Eric Brunner-Williams brunner at nic-naa.net
Thu Oct 23 14:14:24 CDT 2008


Ernie,

Martin's suggestions (go rummage around the Berkman dump) is a good one. 
Not too far from you is someone who actually is a leading figure in this 
somewhat arcane field, Prof. Froomkin at Miami Law. There've been a 
couple of papers over the years that are good sources too. Drop a note 
to the IPC people (you can find them from the GNSO page off the ICANN 
page) for pointers.

NANOG, as you probably know, is an operators list, somewhat North 
American centric. Operators aren't usually caught up in DRPs, and 
everyone has an opinion on ICANN.

I wrote some bumpf for our brouchure (which mercifully was cut when the 
copy went to the graphic designer) which we'll be touching on in the 
workshop we're doing on the 5th in Cairo: http://cai.icann.org/en/node/1867.

"Linguistic and cultural applications need to address the intellectual 
property issues of patrimony and tradition and prioritize those rights, 
both during the "Sunrise" period, and as an ongoing conflicts resolution 
process."

"Applications for cities also need to address intellectual property 
issues of space, place and name, and prioritize those rights, both 
during the "Sunrise" period, and as an ongoing conflicts resolution 
process."

I've lost the para for regional apps, but Governments have the odd idea 
that they own things, so we'll have to keep governments, as well as the 
usual bandits, from claiming they own "nile" or "sahara" in a .africa.

All this is just to say that the original, marks-focused DRP trajectory 
may be altered by more registries like .cat (Catalan language and 
culture) and what I think of as "senior rights" (I'm from the water-poor 
west, so water rights sort of colors my thinking), that is, rights that 
pre-exist marks.

Oblig WIPO-2 bash: Free Pokey!!!

Eric

Ernie Rubi wrote:
> Hi folks,
>
> So I'm a network engineer and a law student and have decided to write 
> a short note for one of our International Law classes based on UDRP 
> and ICANN issues.
>
> I'd like to request input from the community as to what they see as 
> the advantages and disadvantages for the UDRP process the way ICANN 
> has it structured now.
>
> Any comments on how to improve the system are greatly appreciated.  
> You can contact post to the list or contact me off list, either way my 
> information is below.
>
> Ernesto M. Rubi
> Network Engineer - AMPATH
> Florida International University
> J.D. Candidate, 2010
> Patent Agent - USPTO Reg. 63,074
> FIU College of Law
> Email: ernesto at cs.fiu.edu
>
>
>
>
>
>
>





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