Hi Evan (and Karl) I think I agree as well. And yes, it was John who pointed to the 'thousands' of names (ore more) registered by criminals that raise more than just trademark issues. Holly On 22/01/2013, at 6:31 AM, Evan Leibovitch wrote:
I'm with you -- I think -- if you change "rights violation" to something more general. Fraud and bad-faith uses of domain names is not limited to the appropriation of trademarks. That may dominate the current industry and governement discourse within ICANN but it doesn't IMO reflect the kind of end-user-generated problems that John has been indicating.
If your intent is to limit access to WHOIS to the investigation of trade-name abuse, I can't go along with that narrow a definition.
- Evan
On 21 January 2013 14:10, Karl Auerbach <karl@cavebear.com> wrote: On 01/20/2013 11:51 AM, Holly Raiche wrote:
Your steps are exactly what I had in mind. You're right - it will take time, and cost. But could we all please start on this journey.
I forgot one more step:
That the person making the data inquiry agree to a binding contract/terms-of-service that obligates that person to use the data obtained via the inquiry for the sole and exclusive purpose of resolving the specific rights violation being complained of, that the data will not be retained after that resolution, and that the data will not be conveyed to third parties or integrated into any aggregate data. In addition that contract/terms-of-service should explicitly create third party beneficiary rights of enforcement and to receive attorney fees and costs should the person making the inquiry violate the contract/terms-of-service.
--karl--
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