Hi, While I have long felt there is a naive right of the people to the linguistic commons, i am not sure how that roots into the UDHR derived rights. It is one of the important questions, but I do not see how we argue against tradmarks from a UDHR perspective. Also I thought that the NCSG was divided on this issue. We saw that division in the argument for private use gTLDs, with claims that a company did not have the right to use the gTLD book for its own closed purposes. There are those, like me, who thought that of course they could do that. There those who argue that this is the egregious cultural theft. I do not know how to approach that issue from a UDHR based rights perspective. Would be good to getndle on it since it is a persistant issue and I expect will need to be dealt with in the New gTLD Subsequent Procedure PDP. avri On 01-Jun-16 15:33, Kathy Kleiman wrote:
<<Do I read this correctly as ensuring that there is no presumption that trademarks trump other uses of domain name?
As you know, I'd support that, but I'm just trying to ensure I'm clear what you mean by/**/"a fundamental right to … allow us all to use basic dictionary words, our names, and last names, freely and openly…"/*>> */
Pranesh, I think you have summarized the concept brilliantly and succinctly. Tx you and yes!
Kathy
On 6/1/2016 3:07 PM, Pranesh Prakash wrote:
Kathy Kleiman <kathy@kathykleiman.com> [2016-06-01 14:32:54 -0400]:
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.
/*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. *//*We have fought for this Right to Words since the founding of ICANN -- is this something you might capture in this table?
Do I read this correctly as ensuring that there is no presumption that trademarks trump other uses of domain name?
As you know, I'd support that, but I'm just trying to ensure I'm clear what you mean by "a fundamental right to … allow us all to use basic dictionary words, our names, and last names, freely and openly…"
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