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Provisions for fraudulent transfers of domains
You have set out to protect the interests of
big companies and lawyers who know how to obtain trademarks and rights that most
of the rest of us have no clue about. For example, should Disney now be
able to make claim to goto.com because goto contains the word go in
it? These are two titans who can slug it out in court and otherwise, but
what about the little guy. If I own Gotomovers.com, am I going to risk
losing my domain name because goto.com has a "trademark" monopoly on a commonly
used word. If your argument is that cybersquatters are extorting from
legitimate business, then you must come from a communist viewpoint. The
reason the US has high availability of goods and services, full employment, and
a robust economy is because of "goods-squatters." They purchase goods and
then resell them. It is the way of capitalism.
Let's take another example. If a
"landsquatter" puchases land next to a major corporation thinking that the
corporation may need the land in the future for exapansion, are they not
extorting from the company by acting where the major corporation has failed to
act? What if another business bought the land instead of the "squatter"
and developed it. Wouldn't it cost the exapanding company much more to
purchase the improved land as apposed to the undeveloped land? You are way
off base with your guidelines. We could talk of "stocksquatters",
"commoditysquatters", and on and on. The reason Russia is languishing so
horrifically in it's economy is because there are not enough willing "squatters"
who will take risks, and realize rewards.
I bring all of this up to show you how
misguided you have become by the INTERESTS that have formed your governing
provisions. I remember reading about the guy who registered
Gateway.com. He had a real business at the site, but was sued by Gateway
2000 for trademark infringement and dilution. The poor guy had his domain
name extorted by the big bad Gateway 2000 because they had the muscle in the
courts to wrest the name from him. Gateway 2000 is hardly Gateway.com, but
the LAW worked for them. Do you think that big business needed protection
in this scenario? The answer is certainly not.
Let's take my case. You have no
provision in you manditory arbitration for someone like me who has had his
domain name taken from him because he was unwilling to sell it. I own (I
believe I still do) EFAX.COM. The company who wanted the name from me
could not get me to sell it to them, so they contacted a third party and
had that third party transfer my domain name to them as if she was me. The
third party has said on tape that she told EFAX that she did not own the domain,
but that she thought I was not going to use it or had forgotten about it, so she
would transfer it to them. She did not own my name, yet was able to
transfer it. Network Solutions has yet to reply to my complaint about
the transfer, and it has been over a year. Now, with ICANN, I see that I
still have no remedy in your new arbitration rules, because you are solely
concerned with so called "cybersquatters."
I hope you realize that you are bought by big
dollar interests. I hope you realize that you have no more concern for the
little guy than a professional basketball team. I hope you sleep well at
night...
Carl Pratt