[At-Large] 9th Circuit Court ruling on ICANN Contract.

Avri Doria avri at acm.org
Sun Dec 19 20:36:43 UTC 2010

On 19 Dec 2010, at 15:07, Derek Smythe wrote:

> And how would you do that under the UDRP, Avri?
> I can see Mattel trying it, but not you.

Exactly.  If enough of us complain to Mattel (is that who makes it) they will do something. 

> Even then Mattel would have 
> to prove bad faith usage of the name. However consider that "doll" may 
> mean many things. "Barbie" may be the claimed host master. In fact 
> Barbie is a common form of Barabara, which was indeed the orgins of 
> the Barbie in Barbie Doll.

Good point.  Well since we perhaps all do recognize Barbie as a generic these days - Caribou Barbie anyone?  Perhaps the example is not all that valid to start with.

> As for fraud statutes, that may be a bit more difficult. Which 
> country's statutes? What if the website is hosted in a country that 
> has no respect for copyright issues, likewise the registrar? Yet we 
> are seeing this every day and very deliberately so.

Well that is the sort of thing that government should be working on instead of spending their time chasing after Internet governance that is beyond their ken - standardizing their anti-fraud statutes. and then Interpol, instead of persecuting freedom of information advocates can spend their efforts finding and arresting fraudulent web site operators wherever they may reside.   Law enforcement is not supposed to be easy, and it is time that those who are responsible for it, do the hard work and use the wealth of laws they already have on the books instead of trying to find easy ways out using the internet in ways the destroy it. 


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