받는사람 : council@gnso.icann.org 참조 : 보낸날짜: 2004/01/14 17:26 제목: [council] NCUC statement on Approval Process for Registry Services 보낸사람 : Philip Sheppard <philip.sheppard@aim.be>

Marc, while I think there is much to commend in the NCUC statement on the registry services I feel impelled to make one remark to this part of your statement:

" we note that ICANN invested most of its effort in protecting trademarks ... interests, and has shown very little interest in protecting consumers and users".

ICANN's UDRP is all about protecting consumers and users.

Really? It seems that Marc and Philip have shown very different opinions on what UDRP is all about. I feel rather compelled to say that you might want to look at the simple statistics of UDRP decisions (in about 80% of proceedings trademark owners have won and domain names were transferred from the original registrants), let alone the many ways in which the UDRP policy and rules are established to result in disadvantaging the registrants, i.e., the respondents. I do not mean to start arguments about UDRP here, as there are certainly different opinions regarding its role and implications. But I would like to mention that I strongly support the specific statement in the NCUC statement on the registry serives: " we note that ICANN invested most of its effort in protecting trademarks ... interests, and has shown very little interest in protecting consumers and users", and I hope that the NCUC's position supporting stronger user protection be understood and respected. Jisuk Woo

The typical motivation for a brand owner to seek ownership of a domain name is to prevent the bad faith use of the domain name. Bad faith use includes consumer fraud and deception. There maybe individual cases where other motivations are apparent but please do note that the fundamental reason for trademarks at all is as a guarantee of origin - and that is a consumer as well as a brand-owner benefit.

Philip

----------------------------------------- 우지숙 (Woo, Jisuk) 서울대학교 행정대학원 Assistant Professor Graduate School of Public Administration Seoul National University tel: 82-2-880-5633 (tel) fax: 82-2-6248-0951(fax) email: jisuk@snu.ac.kr ------------------------------------------