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

Karel Douglas douglaskarel at gmail.com
Tue Jun 7 13:22:22 UTC 2016


Kathy raises an interesting point that touches on a right to the use of
basic words. This is a topical issue and can result in persons owning basic
words to the exclusion of others. If this issue can be defined under the
rubric of a fundamental right as per the UDHR then it should be included if
possible for further discussion.

regards

Karel Douglas


On Tue, Jun 7, 2016 at 7:26 AM, Niels ten Oever <niels at article19.org> wrote:

> I went with:
>
> > free and fair use of domain names >  the right
>
> to use all words and names in domain names
>
> Will send you the last version of the graph later today.
>
> best,
>
> Niels
>
> Niels ten Oever
> Head of Digital
>
> Article 19
> www.article19.org
>
> PGP fingerprint    8D9F C567 BEE4 A431 56C4
>                    678B 08B5 A0F2 636D 68E9
>
> On 06/03/2016 12:38 AM, Niels ten Oever wrote:
> > Hi all,
> >
> > The discussion seems to be converging. If we put 'Economic, Social and
> > Cultural Rights', and 'Freedom of Expression' next to each other, we
> > could have a converging theme (with lines from both rights). Could you
> > make a suggestion what theme that could be?
> >
> > Best,
> >
> > Niels
> >
> > Niels ten Oever
> > Head of Digital
> >
> > Article 19
> > www.article19.org
> >
> > PGP fingerprint    8D9F C567 BEE4 A431 56C4
> >                    678B 08B5 A0F2 636D 68E9
> >
> > On 06/02/2016 10:56 PM, Pranesh Prakash wrote:
> >> 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
> >>>
> >>>
> >>> _______________________________________________ cc-humanrights
> >>> mailing list cc-humanrights at icann.org
> >>> https://mm.icann.org/mailman/listinfo/cc-humanrights
> >>
> >
> >
> >
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>
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