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AT LARGE Q&A TOPICS
 
Topic: Cyber Squatting
Date: 2000-09-11 06:15:16
Author: Cyrille Lapersonne <lapersonne.cyrille@gataca.net>

Question: Cyber squatting is not an easy subject to solve as many conflincting interests (trade names, personal names and geographic regions) must be taken in account. According to you should ICANN take care of this problem and How ?

Nominee Replies
Winfried Schueller - posted on 2000-09-26 09:39:42
ICANN has taken care of this problem already! As you mentioned it is not an easy subject, but ICANN initiated the UDRP which is the first attempt to fight cyber-squatting.

Jeanette Hofmann - posted on 2000-09-15 17:08:41
ICANN has already involved itself in this issue by creating UDRP, the Uniform Domain Name Dispute Policy. The UDRP is imposed on all new .com, .org. and .net registries and their customers, the domain name holders. The UDRP has been developed by WIPO, the World Intellectual Property Organization, in order to protect trademark owners from cybersquatting. Unfortunately, there is no generally accepted definition of what exactly constitutes cybersquatting. According to the American candidate Karl Auerbach speculation in domain names is as legitimate as speculation in art, land or antiques. And this is the problem with UDRP: it presumes the existence of such a well-established definition and acts upon it - for the benefit of a minority among all domain name holders. No, I think ICANN should not take care of this problem. However, if ICANN created hundreds of new TLDs, the whole issue would probably disappear.

Maria Cattaui - posted on 2000-09-15 09:10:40
To define and address the problem of Cybersquatting will necessitate a cooperative approach. Naturally, key stakeholders such as TLD managers, jurisdictional authorities, WIPO and ICANN will each have a role to play. Cybersquatting is not a simple black and white picture. Therefore, it must be not only be legally defined, but strategically defined, which means that gray areas must be recognized. In order to generate agreement between all stakeholders, information and advice on cybersquatting will have to be made widely available. In this sense ICANN’s role will be one of leadership in coordinating the different interests and issues various stakeholders bring to the table. It must have clarity of thinking. TLD managers, governments, WIPO and the At-large members will expect a clear, strategic effort from ICANN. At the same time, each of these stakeholders will have to give ICANN the proper support it needs to carry out its task in addressing cybersquatting

Andy Mueller-Maguhn - posted on 2000-09-14 14:17:56
Cyber squatting is currently a term for different actions and problems. For I strongly want to keep up the cultural space, and that is also the name space as a public space, commercial interests and policies like trademarks cannot be taken as the only reason for a decision. The cyber squatting area could be relaxed, by having own TLD`s for squatters interests (like .sucks) and own TLD`s for commercial interests space where trade-mark laws etc. apply (.tm). Commercial expansion of the name space should pay non-commercial expansions.

Alf Hansen - posted on 2000-09-11 08:29:25
The Cyber Squatters themselves are responsible if they break the law.. For domains under management of ccTLDs, the juridistiction should be the law of the respective country. The TLD managers should (my opinion) do what they can to avoid Cyber Squatting, and publish their policy. ICANN should inform and advice the TLD managers and other interested parties about the cyber squatting problem.


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