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Parody and Satire must be protected...



I am eager to agree with the "little guys" who have commented here.
 
American cultural and procedural imperialism is absolutely to be avoided, but then so is the authoritarianism that informs these drafts and runs roughshod over the rugged individualist.
 
Parody, satire, and ridicule should be protected in domain name dispute resolution as they are in defamation and trademark infringement jurisprudence.   I would even protect "guerrilla consumerism" domain registrations and other forms of protest. 
 
The man who outlined the "miller.com" hypothetical has captured the difficulty and absurd results that can obtain in ICANN attempting to impose a Napoleonic Code-type civil law regime.   Central planning and extraterritorial law enforcement are generally thought to account for the downfall of the Soviet system.   We like the common law system in the US and Britian, and we think that the common law system (and it's limits on government power) is one of the greatest factors in our economic miracle.
 
Contracting parties should be able to have a meeting of the minds without the government (or its proxy ICANN) impairing the liberty to enter into fair contracts.   The current registrant contracts constitute contracts of adhesion anyway since it is a take-it-or-leave-it deal and there is no other way to register a domain name.   Registrars will not negotiate any of the terms of the deal.    
 
So in my considered view, all of these registrant contracts are voidable.
 
This should be left to the courts and jurisdiction should be determined under substantive choice of law principles, not the domicile of the corporation that runs the index.   That's like making every one who gets a defective Danish pastry sue in Denmark.
 
If I have a problem with Sprint or Land's End, I sue them in Florida.   Sprint can get sued in Florida because they do business in Florida.   Network Solutions does "business" in Florida when they send me a bill for a domain name registration.
 
Under rules of comity every state (foreign nation states and US state) must recognize and enforce the properly adjudged rulings of other states.   That makes the law just and empowers those of us who are NOT multinationals.
 
If you don't make everyone get their divorce and child support orders adjudged in Virginia, how can you make them go there for domain disputes?   The logic behind the direction these deliberations have taken lead us inevitably to a World Court in Geneva to handle these disputes, which will totally eliminate Pro Se litigants and the wisdom of the US Constitution.  
 
Maybe I should register the domain:
ViolentOverthrowOfTheGovernment.com
while it is still available, or is it already a felony just to register it?
 
Signed,
Terry Seale
curmudgeonsRus@oldfox.com
 
(c)1999 sealet