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

Thu Jun 2 18:26:51 UTC 2016

Hi Kathy,

Great one, we indeed did not cover that. I agree that the right you
describe is a very strong one and I suggest we put it under 'Freedom of
Expression' > Free and fair use of domain names  > Dictionary words in
the DNS not protected through trademarks

Would this cover it? Very open for suggestions of course!

Best,

Niels

Niels ten Oever
Head of Digital

Article 19
www.article19.org

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On 06/02/2016 06:56 PM, Kathy Kleiman wrote:
> Hi Avri,
> 
> As you know, the closed gTLD issue had many origins, including deep
> competition issues, so I think the issues here are a little different.
> What I am pointing out is that the Human Rights document does not
> actually include a major issue that the public interest advocates in
> ICANN have been working on for over 15 years. And that the use of the
> Internet infrastructure to seek ways to allow certain trademark owners
> to dominate basic dictionary words. I can't think of a more basic right
> than the right to use our names (first and last) and basic dictionary
> and descriptive words in legal and noninfringing ways.  That's what
> completely legal outside of the Internet.  Yet again and again trademark
> owners have come to ICANN seeking additional protections -- including
> the right to block basic dictionary words (which happen to be
> trademarks) in all second level domains.
> 
> In fact, I note Rights Protection Mechanisms in the Table embodies this
> ides of "ownership" of a string of letters in the Domain Name System --
> completely contrary to free expression, fair use and "free use of common
> words" arguments that many in the Noncommercial Users Constituency have
> made for years.
> 
> - For example, "Protection of International Organization Names in all
> gTLDs" -- The International Govermental Organizations have come in many
> times to ICANN seeking to protect **their acronyms** in all second level
> domain names. But that would mean that the World Health Organization
> (WHO) would then "own" the word "WHO" online in all gTLDs -- although a
> famous rock group, The Who, should probably have a future
> WHO.ROCKANDROLL and someone might legitimately want to register WHO,
> WHAT, WHY, and WHERE and some future .REPORTING generic top level domain
> to teach the basics of reporting. All of these acronyms are used many,
> many times by organizations and companies... So far, the answer has been
> No. Why would this Table say otherwise???
> 
> Overall, trademarks need protecting, but so does the balance of language
> and its use by all. How can you can protect trademark rights without
> protecting the traditional balances to trademark rights?  And if so,
> where are the protections for the traditional limits of a trademark
> (which is a limited right to use a term/terms for a specific commercial
> category of goods and services), and yet not block all forms of
> noncommercial and commercial non-infringing and legal use?
> 
> Almost every word is trademarked in the US Trademark Office, yet we have
> not stopped speaking yet ... :-)... or naming our children,
> organizations, groups and small businesses.. or criticizing corporations
> that need it, brands that harm people, and corporate practices that
> abuse them... Are such rights embodied in the Table?  Guidance welcome!
> 
> Best, Kathy (Kleiman)
> 
> On 6/1/2016 4:50 PM, avri doria wrote:
>> Hi,
>>
>> While I have long felt there is a naive right of the people to the
>> linguistic commons, i am not sure how that roots into the UDHR derived
>> rights.   It is one of the important questions, but I do not see how we
>> argue against tradmarks from a UDHR perspective.
>>
>> Also I thought that the NCSG was divided on this issue.  We saw that
>> division in the argument for private use gTLDs, with claims that a
>> company did not have the right to use the gTLD book for its own closed
>> purposes.  There are those, like me, who thought that of course they
>> could do that.  There those who argue that this is the egregious
>> cultural theft.   I do not know how to approach that issue from a UDHR
>> based rights perspective.  Would be good to getndle on it since it is a
>> persistant issue and I expect will need to be dealt with in the New gTLD
>> Subsequent Procedure PDP.
>>
>> avri
>>
>>
>> On 01-Jun-16 15:33, Kathy Kleiman wrote:
>>>
>>> <<Do I read this correctly as ensuring that there is no presumption
>>> that trademarks trump other uses of domain name?
>>>
>>> As you know, I'd support that, but I'm just trying to ensure I'm clear
>>> what you mean by/**/"a fundamental right to … allow us all to use
>>> basic dictionary words, our names, and last names, freely and
>>> openly…"/*>>
>>> */
>>>
>>> Pranesh, I think you have summarized the concept brilliantly and
>>> succinctly. Tx you and yes!
>>>
>>> Kathy
>>>
>>>
>>> On 6/1/2016 3:07 PM, Pranesh Prakash wrote:
>>>> Kathy Kleiman <kathy at kathykleiman.com> [2016-06-01 14:32:54 -0400]:
>>>>> 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?
>>>> Do I read this correctly as ensuring that there is no presumption
>>>> that trademarks trump other uses of domain name?
>>>>
>>>> As you know, I'd support that, but I'm just trying to ensure I'm
>>>> clear what you mean by "a fundamental right to … allow us all to use
>>>> basic dictionary words, our names, and last names, freely and openly…"
>>>>
>>>
>>>
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>>
>>
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