DNSO Names Council Substantive Real-Time Comments

Alex Floum ( )
(Status Report, 12:49:18 PM, #1040)

I agree with proposals 1 and 3 that the holdover board members immediately resign and that new board members be appointed before the new gTLD's are decided. I think IOD's .web proposal and Name-Space's .shop proposal have been given biased, negative reviews when they are both valid proposals.

I demand that this vote be counted as timely since I was not allowed to participate in the live vote via webcast.

D. Alexander Floum,

Douglas Kiang
.biz already exists? (1:34:17 PM, in-room, #1044)

Can you talk a little bit about the fact that supposedly, .biz already exists on an alternate root server? Will "chaos" ensue if ICANN approves someone else to handle this?

Alex Floum ( )
(Report from the GA Chair, 1:40:56 PM, #1045)

Are representatives of all of the potential registrars at the meeting? I.e. does ioDesign have a representative ready to respond to staff reports?

If not, then deciding new tld's would be unfair at this point.

Alex Floum ( )
(Report from the GA Chair, 1:42:20 PM, #1046)

Voting on new TLD's by the current ICANN board is like Florida Secretary of State, a long-time Bush campaigner, voting on Florida ballot issues. New board should be appointed NOW!

Len Lindon (Court of ICANN Governance)
Court orders ICANN to make changes (Report from the GA Chair, 1:45:24 PM, #1048)

Does ICANN intend to comply with the Court order last Friday that the non-elected directors resign and that newly elected directors have voting rights now?

Edward Gildred (MONA)
new domain registration (Report from the GA Chair, 1:57:12 PM, #1050)

1. Will ICANN control the sale of new URL's based on the new domains selected (as it does with .com, .net, .gov, etc.,) or will the entities sponsoring the proposed new domains be given that responsibility? 2. In either case, will all accredited domain registration companies be able to register the new URLs as they currently do with currently available URLs?
3. When will URLs with the new domains be available to the general public for registration? 4. Is there a waiting list or some other type of process for those who want to register URLs based on the new domains ICANN is expected to approve?

Alex Floum ( )
(Report from the GA Chair, 2:06:23 PM, #1051)

The hangover board members have remained well past their mandated time. This violates the Administrative Procedures Act.

Alex Floum ( )
(Results of Review Questionnaire, 2:14:41 PM, #1052)

As an intellectual property attorney representing the interests of clients interested in domain name issues, I request that applicants be given a fair opportunity to respond to the staff comments. I also request that the hang-over board members step down immediately so as to comply with ICANN's previous promises and fair procedures.

Len Lindon (Court of ICANN Governance)
(Business Plan, 3:01:51 PM, #1054)

re Protection of IP rights-- at least as much work needs to focus on protection of HUMAN RIGHTS (as defined by longstanding internationally-accepted UN Standards)

Leah Gallegos (TLD Lobby)
IP rights (Business Plan, 3:12:52 PM, #1055)

How about protecting citizen's rights in their own countries?

If WiPO has its way, there will be no advisory sites on medication, no criticism and no individual will have any security in registering a domain name or any long-held name.

With the "sunrise" provisions and UDRP, the name space will not only be opened for the public, but will, in fact, be closed. WIPO's proposals will damage the users and individual domain name holders irreparably.

Alex Floum ( )
(Business Plan, 3:15:32 PM, #1056)

As an intellectual property attorney representing many trademark owners, I think that trademark protection is vital. On the other hand, any provision which would allow a trademark owner to pre-register or win transfer of a registration for a domain name not identical with or confusingly similar to a mark is counter-productive.

The U.S. Patent and Trademark Office and the courts have agreed that trademarks and domain names are two separate ideas, and they should not be confused.

Because generic domain names by definition cannot be trademarked (the PTO disregards the .com, .net or other tld signifier), they should not be usurped by trademark owners. In other words, generic domain names should be registered on a first-come, first-served basis.

D. Alexander Floum, Esq.

Alex Floum ( )
(Business Plan, 3:20:30 PM, #1057)

As an intellectual property attorney representing many trademark owners, I agree 100% with Professor Froomkin's views.

D. Alexander Floum, Esq.

Marcia Arbott ( )
(Net-User Trust, 3:27:27 PM, #1058)

Please be aware that as of this moment, Michael Froomkin is speaking (regardless of the error in your message subject topic) and I, representing myself and over 500 friends, associates and relatives, fully stand behind the views and opinions that Michael Froomkin is currently expressing.
--Marcia Lynn Arbott

friedrich Kisters (Human Bios GmbH)
domain names vs. IP (trademark law) (Business Plan, 3:28:20 PM, #1059)

1. Domain names cannot have any negative impact on trademarkholders rights, as they are mere addresses.
The content of websites may have such a negative impact.
Existing trademarklaw offers a strong legal bases as to sue violations at the level of website contents and needs no substantial amendments.

2. The sunrise provision allowing early registration by trademark holders is not grounded in law. U.S. (and european (WPG)) trademark law is a balance of the rights of holders and the rights of non-infringing users of the mark.
Furthermore, under U.S. (and european (WPG)) trademark law, the holder has duty to police its mark.

3.An early registration is granting trademark holders rights that are above and beyond the law. The sunrise creates a presumption that commercial use is the superior use of the Internet. Commercial use of the Internet should not be given superior rights to individuals and non-commercial interests.

Leah Gallegos (TLD Lobby)
privacy vs commercial sites (Net-User Trust, 3:31:20 PM, #1060)

What privacy would be afforded to the SOHO with a commercial site? Publishing a phone number and address could place individuals in jeopardy.

Srikanth Narra (idno)
what about repressive govts /Stakers ? (Whois, 4:01:50 PM, #1061)

Why give out whois info the same way credit reports are kept and given for consumers in US ?

That way the person on whom whois is being quieried knows that someone is looking him/her up.

That way the person can stay on alert both in terms of persicussion be it from repressive govts or perverts.

Does no one have any responsibility to individuals safety ?

Srikanth Narra (idno)
icann transperent and open (Whois, 4:06:34 PM, #1062)

Also very representative and democratic right ?

Srikanth Narra (idno)
Report outline (Whois, 4:15:10 PM, #1063)

Conclusion :-

We are going to come up with one site where all whois info can be gather by anyone in world.

For future consideration :-

in unlikely event that someone in China or Iraq doesn't get completely slandered by some repressive regime for having a website and manages to get the news out to world - we will white wash it a bit - forever consider further action. Amen.

Betweenlines :-

Idoits - did you actually think we will do somethign other than what IP and TM wants ?

Srikanth Narra (idno)
Ideal and fair setup (Whois, 4:24:58 PM, #1064)

Whois information should be kept open but not completely freely accesible.

If anyone wants to look up info on someone - they should provide plausible reason - after an online agreement stating the information will not be used in ways that is not as stated and legal.

Then the whois records should be served.

Also, An automatic email should be sent to the person/firm stated in whois record - that a particular entity or person has requested a whois on the particular domain name / handle, etc.

Fair to one and all..

Plus the whois database so created should be hacker proofed and watch for robot-bolts.

(19 messages total)

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