Question: I want to know EXACTLY what a cybersquatter IS and IS NOT by your own personal definition - not ICANNs definition or various legal definitions. When is someone infringing and when are they NOT? Give examples.

Nominee Replies

Sureswaran Ramadass - posted on 2000-10-09 04:17:44 A cybersquatter is one who books a domain name but does not use it, and just keeps it to make a profit, by selling it to those who really need it. Johannes Chiang - posted on 2000-10-08 05:26:17 In principle, I consider Cybersquatting as a kind of problematic resulting from the innovation on Cyberspace that we are not familiar with under standardized views. In this case, there is currently ambiguity in this area and among us as human being. Therefore, it is not only a question how I as a candidate for ICANN Board member to consider but an important issue that ICANN and all Internet relevant must be familiar with and overcome. In the reality, I myself consider cybersquatting as the case where an individual or an organization that speculates on a domain name that is apparently well-known in the domain holders' region. A crucial point is that this trademark at issue must be proved as well-known to most of the people of that region. It is not always possible for everyone to know if a domain name happens to be a trademark or to finish a global trademark search around the world before they register a domain name. Domain names are as valuable as other products or services. For other name investments without trademark disputes, we are not able to prohibit and we can not prohibit transactions of other good and products. Hence, it seems to me that intent to control and profit from the domain name through squatting is the key. But, two questions of ambiguity still remain. 1. How could we judge the intention? 2. Is it a crime to profit from bringing new names to the Cyberspace with speculation? For instance, I don¡¦t consider the *suchs.com case mentioned in the previous question as cybersquatting. I also don¡¦t consider madonna.com as cybersquatting, because this name should be returned to Mother Mary when this is a case of cybersquatting. And, I suggest let us leave the problems that existing laws in physical world can handle to be handled by them and regulate as minimalism the profits gaining by resell the names. For those of problematic we are not sure about, don¡¦t rush in to judge it, esp. to judge the intention of speculation by free discretion of the arbitration providers..