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[Comment-Ip] Comment on WIPO report
I'd adopt the following in lieu of the entire WIPO report:
- Domain names may be used in any way, or not used at all, at the
pleasure of the domain name holder, except that a domain name may
not be actually used to infringe upon the rights of others in their
names or marks.
- Such infringement occurs when the use of the domain name
materially interferes with the free exercise of the legitimate
rights granted to the other by statute or long established custom
equivalent to law.
- If such infringement occurs, then the domain name holder may be
compelled to refrain from the infringing use, but may not be
compelled to transfer or release the domain name.
However, the decision whether to adopt this, WIPO's forumulation, or some
other, or nothing at all is a matter for the DNSO and not a matter for the
ICANN board.
--karl--