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

[Pranesh Prakash]

Dear all, 
I would like to clarify that trademarks do not per se infringe upon freedom of expression or upon cultural diversity and cultural protection. 

However, the idea that trademark-rooted claims trump other claims (which is embodied in the idea of a sunrise period where only trademark owners can apply), in my opinion does. It privileges, for instance, baseball teams named after Native American tribes over the tribes themselves insofar as the global domain name space goes. 

And I would reiterate that for me this is not just about the right to freedom of expression, but the right to cultural protection as well. 

Stating that any attempt to privilege trademarks must undergo human rights analysis (not just free speech analysis!) is in my opinion an important claim to be made. 

Regards, 
Pranesh 

On 2 June 2016 14:11:25 GMT+05:30, Bastiaan Goslings <bastiaan.goslings at ams-ix.net> wrote:
>Hi,
>
>I have been in listening mode but want to chime in and first of all
>complement everyone with the work done and the excellent chart that has
>been drafted. Significant improvements IMO have been made since v.01,
>and for now I have no comments how to make it even better.
>
>As a non-HR scholar I struggle to see how trademarks per se infringe
>upon human rights. Specifically in this context. I do appreciate the
>concept of a ‘naive right of the people to the linguistic commons’, as
>Avri put it, but I too ‘am not sure how that roots into the UDHR
>derived rights’. From a freedom of expression angle I’d assume that ex
>ante anything goes in terms of registering a domain name (e.g. by an
>individual or SME). But if a trademark is involved a legal conflict
>might arise afterwards, just like in the offline world, and there is
>(should be?) due process to solve the issue. And then the trademark
>might prevail… 
>
>
>> On 01 Jun 2016, at 20:32, Kathy Kleiman <Kathy at kathykleiman.com>
>wrote:
>> 
>> - 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 knowing what a ‘Right to Basic Dictionary words’ is or what it
>could be, and my apologies for my potential lack of knowledge re ICANN
>policies and related history:
>
>Domain-names are unique and there is a ‘first come first serve’ element
>involved when registering one. So if it is already registered by
>someone else one cannot have the ‘right' to the same domain-name. I
>understand there is a UDRP to resolve claims of abusive, bad faith
>domain name registration, albeit only for gTLD’s operated under
>contract with ICANN. Does that not imply that if the registration is
>not ‘abusive’ or in ‘bad faith’ that the trademark does not supersede
>the original registration?  
>
>
>> - Without this Right to Basic Dictionary words, what access would
>individuals have to domain names for their children or using their last
>name? 
>
>
>This I do not understand. At the moment this so called ‘Right’ does not
>exist, but as long as names are unique ‘individuals have access to
>domain names for their children or using their last name’, right?
>
>
>> - 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)? 
>
>
>I doubt whether it is up to ICANN to see to it that ‘non commercial
>organizations’ can indeed ‘fairly and legally critique and criticize
>dangerous products, unfair employment practices or monopoly
>restrictions’. But my right, at least in the Netherlands, to freedom of
>expression and in this case to ‘legally critique’ etc, is not dependent
>on the domain-name I use. 
>
>regards
>Bastiaan
>
>
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-- 
Pranesh Prakash
Policy Director, Centre for Internet and Society
http://cis-india.org | tel:+91 80 40926283
sip:pranesh at ostel.co | xmpp:pranesh at cis-india.org
https://twitter.com/pranesh

Sent, using free software and open standards, from my phone: please excuse my terseness.