This may seem like a simple question, but it is not. Evan Younger said: "- Is the problem in the misspelling itself, or in the purpose of the misspelled site? If a "misspelled" domain is a parody or criticism site, should trademark holders have absolute right to curtail such activity? How does it serve the public good to fast-track such harm to freedom of speech?" To answer this question, you have to determine what is appropriate criticism or parody. And that question now may be subject to the issue of local law or custom. On some words, there are an infinite number of ways it can be mispelled (according to a third grade treacher). And this issue now runs into the issue of multiple language, ie. sex.com and sexo.com. Would one consider these the same? -- Bill
Bill Silverstein wrote:
This may seem like a simple question, but it is not.
Nobody said it was simple. :-) Indeed, the vast complexity of this issue makes simplistic policy recommendations quite pointless.
you have to determine what is appropriate criticism or parody.
... and who decides what is "appropriate". Obviously, those in a position to be criticized will take as many measures as they are able, to make criticism difficult to make and difficult to find.
And that question now may be subject to the issue of local law or custom.
Indeed, it is easy to make the point that "protection against misspellings" is an issue on which ICANN's intervention does not serve the public interest. Perhaps local laws and customs should indeed prevail, and ICANN should get out of the way. - Evan
participants (2)
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Bill Silverstein -
Evan Leibovitch