WIPO RFC-3
kakatiya@hotmail.com
Fri, 9 Apr 1999 00:48:08 -0400
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From: kakatiya@hotmail.com
Subject: WIPO RFC-3
Attachment: http://arbiter.wipo.int/processes/process1/rfc/dns_attachments/rfc3/attach923633288.doc
Here are my comments and some questions I would be delighted to see answers to :-
1. Internet did not happen over nite. Like a change in any other business environment factor it happened gradually building up speed.
2. Internet was fueled and lead by small everyday people. Mom and Pop stores. Students and people with bare resources working out of empty garages.
3. Gradually, as it took off - pretty much like Gold rush of yester years the rush on Internet domain names started. First come first served. Fair is fair. Early bird gets the worms.
4. No one was stopping anyone else from registering the domain names. It was a open for all and transparent process. All it took was a bit of foresight, vision and little money.
5. Companies with good managements leading them were wise and quick to move. The companies lead by moderate managements bought from people who registered first took the honorable way out.
6. What do the the left out companies with really pathetic managements do ?
a) Do they adapt to the new circumstances NO.
b) Instead they end up working with politicians (improvements to Trademark law) and now blessed us with this process of WIPO RFC.
7. Pray Sirs, tell me,
what were these companies doing when internet was growing from strength to strength ?
a) Saving $70 on domain names they could have registered ?
b) or are they so bankrupt of vision and ideas that they could not see what was coming ?
c) In which case isnt there plight rightfully bought on themselves ?
8. Dont we all know what happens when Politicians, Big business and Bureaucrats get together ?
9. Is it not bad enough that you folks at UN working with the same lethal combination of Big Business, Politicians and Bureaucrats (abett from a different agency - IMF) - have blessed, with your innovative solutions, a overwhelling majority of human beings on this planet with spectacular financial meltdown, social chaos, havoc and misery (asian/russian/brazilian financial crisis).
10. Now you are out to ruin the - the only piece of world economy that escaped your grasp - the US economy. Again, being led by technology firms - mostly internet fueled by everyday people - mom and pop shops and people who grew working out of garages in an unrestictive world.
11. Internet was a separate world real world was a separate one. Both collided fine.
12. Pray tell me, Sirs,
a) Why should some domain name holder give up his domain name to a trademark holder ? Because internet took a commercial turn that the big business did not expect ?
b) Why all the people with stakes in internet world now have to pay for the stupidity and mediocrity of the ones in the world of big business?
13. We live in a highly competitive world. Yesterdays big company is todays bird seed. All it takes is a idea to succeed. Thats all the internet is all about. An idea, will and an unconstrained thought process to make it happen. Its not about rewarding shameless mediocrity of big business. Or shackling up things.
14. Where were you or organizations like you when domain names were being grabbed up? Well, you did not know this would happen before. Thats right and fine.
15. Pray tell me, Sirs, then why the domain name holders are not given the benefit of same opinion? A domain name registered long before the issue of trademark infringment became relevent - now somehow have to retrospectively pay/forego for these violations.
16. What kind of justice are your proposing if big business can not run and win the race change the rules of the game to disqualify all the small people running ahead of them ?
17. Isnt it enough that you bad mouth the whole bunch of people who have savvy to buy domain names calling them cyber pirate, cyber squatter and all kind of names.
18. Now, You have to go all the way and pimp and prostitute for big business with this RFC proposal of yours.
19. Pardon my language, but if your intentions are any better than, to pimp and prostitute entire internet domain name issue, to big business and for their accompanying trademark lawyer lobbies pray tell me Sirs,
a) Why all the secrecy and hurry with all your so called open discussions and proceedings?
b) Why have you not publicized the effort and called for public participation in a visible manner?
c) Least of all, Why have you not informed all the current domain name registrants at all of this effort of yours? Especially as they are the ones that are profoundly impacted by it.
20. Any issue that touches the internet or every day net users provokes responses that constantly overwhelm governments, law makers, big business and the traditional world in general. The flow of responses - creek and stains servers hosting discussion groups and chat rooms
.(eg :- Intel Pentium III, Sunrise law, Taxing e-commerce)
21. Yet a issue that has as profound an impact on internet as your RFC for some reason generates less than 200 posting on a thread. Pray tell me Sir, What does that tell you and the rest of the world about your so called OPEN effort ?
22. You talk of online arbitration how about some on line discussion on this issue ? Why all the hide and seek hurried meeting around different corners of globe to which most everyday net users and small time domain name holders can never effort to go to ?
23. Who exactly are the people who attended the so-called consultations, besides interested governments? Is it not the Trademark/copy right/Patent lawyers and their big business clientele? Can we see some percentages on that?
24. Pray tell me, Sirs,
a) Why have a whole bunch of highly qualified lawyers - spend these huge amounts of (own ?) money to travel all around the world to attend your consultations ?
b) With trademark / patent /copyright lawyers being as aggressive as they are in US and trademark litigation a being such a big time ticket item - those interests are these lawyers serving?
c) Since When are lawyers interested in seeing something settled amicably between two different interest groups?
d) What do they get out of spending all this money to attend your conferences around the world - coming up with a process that resolves issues smoothly and with minimum fuss - bankruptcy ?
25. Given this scenario and would it not be reasonable to conclude that this document of yours - does more to promote lawyer trade and their big business backers rather than to do anything useful for internet community at large ?
26. Maybe one should take a look at all the new litigation being generated on trademark / domain name issues. How much of it is being generated by corporations and lawyers who participated in your process ?
27. I know of one interesting case so far - the party was part of your consultation as evident from a tiny comment hidden away in foot print of a Chapter of RFC3.
28. They participate in the RFC process then rush sue not 1 or 2 but close to 300 and growing domain name holders with names like
29. I wonder who approached the company to go after all those small time mom-pop web shops selling used stuff ? So much for your credibility of participants, openness and robustness of your process and its deliverables.
30. I repeat if your proposal / work is honorable, fair - What are you afraid off ? Why all the secrecy and hurry ?
31. What exactly is your agenda ? Judging by your work and methods it certainly does not seem to be what its stated to be today.
Proposals :-
I realize that some accommodation has to be reached somewhere (after all, for the larger good - enlightened netizens have to, bale out all the pathetic companies who have proven themselves incapable of adapting to new world) between the brick and stick world and the world of internet. Here is the deal.
1. Unless the domain name resembles the trademark very closely it should not be ruled as an infringement.
2. Registering domains like BrandX0(zero).com while BrandXO is a trademark should be seen as a violation not UsedBrandXO.com or BrandXOFansClub.org or MomandPopBrandXO-resellers.com or BrandXOSucks.com at least as long as they display a clear sign of disclaimer with any attachment to owner of BrandXO.
3. Stick commercial enterprises and trademark issues to .com and .net stop there. Not spill over to org and all new levels.
4. The least we can expect the trademark owners to do, if they are so concerned about violation or dilution, is to start being proactive and register the domain names in new levels ahead. No one stopped them from doing it before and no one is stopping them from doing that, now or ever.
5. Make the resolution process fair, open and free more on lines of - small claims court in US abet on Internet. Creating a level playing field. Not putting small people at mercy of big business and its lawyers.
6. Providing low expense internet based advise, research resources (easy to read by common people) and counsel for small time domain name holders and trademark holders so they can pursue and defend their claims.
7. A pre process needs to be in place that will weed out frivolous complaints and claims by trademark holder, etc before subjecting domain name holder to any kind of process.
8. Arbitration only if both parties agree to abide by it. Not when one party has a later day recourse to legal system and other does not.
9. Where conflict of equal or debatable claims for same domain name the party who registers first keep it. Period.
10. Internet is a constantly evolving phenomenon. Treat it like that. Make basic rules that are accepted by all to be fair and let go of the rest.
11. Dont try to address every single thing that supports Internet. It would have changed by the time your done with it. Plus most issues get resolved by themselves technically or otherwise. Internet was doing fine before your effort came along if you dont screw it up with your proposals it will continue to do fine.
12. Make broad guidelines and keep the discussions open on upcoming issues allowing small domain name holders the participation and benefit of your discussions and guidelines so they can avoid future pitfalls like this one (along the lines of research resources mentioned in point 6.).
13. Address issues like that could arise out of someone trademarking string of words after a domain name is registered ? Today the site might be dealing a particular item today tommorow maybe something else thats in conflict with what the trademark is dealing in ? or what happens if a trademark is registered/bought out by someone else after the domain name has been purchased by someone else. (in forum mention in 12 above)
14. Propose, suggest and promote reform in Trademark process too along the lines of domain name registrars. For a change put your office to good use in interests of Internet community.
15. Like making people who are registering trademarks aware that domain name might be taken.
16. Why is it so expensive and clumsy to get a trademark? Actively, make recommendations on those lines to your other sections of your organization.
Concluding :-
1. I have used some harsh language at places in the letter. Its not intended to offend, its more due to my limited vocabulary. I apologize for lack of better words and time to find them communicate my opinions (these words are the ones closest to what I wanted to express).
2. Its bad enough domain name holders are at mercy of big corporation with deep pockets, smart lawyers and facing traditional judges who might not understand or appreciate technology well enough.
3. Ill-conceived, undebated, questionable recommendation coming from Expert Panel like those of your esteemed organization will make it even worst.
4. Be fair stick exactly to the job you have been handled.
5. Be transparent and open. Its simple law of averages the more the people who participate in the process the fairer it will be and more accepted it would be.
6. At the every least accord all parties with respect and dignity. Domains name are no different than real estate - Call people who register domain names squatters and other demeaning words just exposes your dais more than anything else.
Else as for small domain holders like myself :-
We can only pray for the public uproar your work, so richly deserves barring that the whole world of netizens, mom and pop web stores and struggling garage room software developers is doomed and at mercy of big business for picking and we will all have WIPO to thank for. (I repeat dont forget your organizations IMF fiasco we dont need a new one)
Yours truly,
Srikanth Narra
-- Posted automatically from Process Web site
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