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<p>Hi Niels and All, </p>
<p>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.</p>
<p>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. <br>
</p>
<p>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. <br>
</p>
<p><b>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. </b>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? <br>
</p>
<p>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). <br>
</p>
<p>- 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? <br>
</p>
<p>- Without this Right to Basic Dictionary words, what access would
individuals have to domain names for their children or using their
last name? <br>
</p>
<p>- 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)? <br>
</p>
<p>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. <br>
</p>
<p><i><b>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. </b></i><i><b>We have
fought for this Right to Words since the founding of ICANN --
is this something you might capture in this table? </b></i><i><b><br>
</b></i></p>
<p><i><b>Best regards,</b></i></p>
<p><i><b>Kathy (Kleiman)<br>
</b></i></p>
<div class="moz-cite-prefix">On 6/1/2016 12:16 PM, Niels ten Oever
wrote:<br>
</div>
<blockquote cite="mid:574F0A42.1070103@article19.org" type="cite">
<pre wrap="">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.
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