[cc-humanrights] infographic ICANN & Human Rights v0.3 pls comment

[Kathy Kleiman]

Hi Niels and All,

I look down this beautiful and brilliant chart, and there is something 
that seems to be missing. As many of you know, I have been in ICANN 
since the beginning and there is an issue that is key to individual 
rights, but not mentioned (I don't think) on your slide and that is is 
the right for all to access basic words -- also first and last names -- 
in the Domain Name System.

As you know, IP addresses are numbers and domain names are words and 
numbers created to give some IP addresses an easy and memorable string 
of characters. What we have found since the beginning of domain names 
opening widely to the public (mid-1990s) is that some people believe 
their trademarks are words that are "off-limits" to others. That is, 
some trademark owners, want to "own" their trademarks online and 
throughout the Domain Name System.

Specifically, they want to deprive anyone else of the rights to use 
their "letters/words" without their permission. Strangely, this desire 
stretches not just to domain names that are a) commercial, b) would 
cause confusion to their trademarked goods and services, and are c) 
"coined and fanciful" (made up  -- like Xerox or Haagen Dazs), but to 
the most basic of dictionary words and the most common of first and last 
names.

*In the Noncommercial Users Constituency (dating back to the beginning 
of ICANN) and the Noncommercial Stakeholders Group (more recent) we have 
fought for Generic Words, Dictionary Words, Common First Names and 
Common Last Names to be Open and Available to Everyone. *Words like 
PANTHER are trademarked in the US Trademark Office many, many times: for 
golf clothing, tires, a relatively new football team, and much more. 
Doesn't that right belong to all online?

NCUC/NCSG have fought hard and continuously for the Right to Basic 
Dictionary Words as a critical right for all. It is a our legal right to 
use FOX, ORANGE, WENDY, MCDONALD, WINDOW, LIFE, TIME, FORTUNE and PEOPLE 
without prior permission, without blocking, without revocation, and 
without prior proof that our domain name is OK -- provided our use is 
legal and legitimate (noninfringing, such as a noncommercial use, or a 
"fair use" such a legitimate criticism or critique of a corporation).

- Without this Right to Basic Dictionary words, what access would 
entrepreneurs and small businesses have to domain names with the basic 
words used to name their current and future products, services and 
companies?

- Without this Right to Basic Dictionary words, what access would 
individuals have to domain names for their children or using their last 
name?

- Without this Right to Basic Dictionary words, what access would and 
noncommercial organizations have to use domain names that open to sites 
that fairly and legally critique and criticize dangerous products, 
unfair employment practices or monopoly restrictions (and legally use 
the brand name of the company)?

The right to use domain names to help us label our websites for our 
children, small businesses, causes and organizations in ways that are 
legal and noninfringing seems the most basic of human rights.  But on 
the Internet and in ICANN, large companies would like to reserve "their 
words" and block all others from registering them in domain names.

/*I would urge us a fundamental right to all to push back -- and allow 
us all to use basic dictionary words, our names and last names, freely 
and openly in all legitimate and legal ways without prior blocking or 
prior review. *//*We have fought for this Right to Words since the 
founding of ICANN -- is this something you might capture in this table? *//*
*/

/*Best regards,*/

/*Kathy (Kleiman)
*/

On 6/1/2016 12:16 PM, Niels ten Oever wrote:
> Dear all,
>
> Please find a new version of the vizualization of ICANN and Human Rights
> based on all your great inputs.
>
> The fact that this draft got several really good discussions going here
> gives me high hopes for what this can do outside of this mailinglist!
>
> Please comment again to make it even better!
>
> Cheers,
>
> Niels
>
> PS Avri, it would be really great if you have the time to propose text
> for the AGB points you made.
>
>
> _______________________________________________
> cc-humanrights mailing list
> cc-humanrights at icann.org
> https://mm.icann.org/mailman/listinfo/cc-humanrights

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/cc-humanrights/attachments/20160601/d575aaef/attachment-0001.html>