Hi Georges, On Wed, Sep 5, 2018 at 3:31 PM, Nahitchevansky, Georges <ghn@kilpatricktownsend.com> wrote:
registrars and registrants). It just seems that cost shifting arguments miss the point that someone can waltz in, register an infringing domain name for often less than $20 USD and create significantly higher costs for a number of parties that in the aggregate are quite significant. My point here is that yes there are costs, but they should not fall disproportionately on one constituency. So if we start going down this path, then we should look at everyone’s costs and discuss what is fair and appropriate, as well as what penalties should be placed on bad actors.
Suppose someone buys a can of spray paint, and uses it to put up some offensive graffiti, etc. Are you suggesting the retailer that sold the paint (Walmart, etc.) should contribute to the cost of removing that graffiti? Or perhaps the paint manufacturer should chip in? I'd really like to know. What is so "special" about domain names, that we treat them differently than other kinds of crime? Courts exist, yet some seek "special" extra-judicial procedures despite not really demonstrating that they're actually special. What is "fair and appropriate" has been determined in courts and laws over thousands of years. A couple of weeks ago, Microsoft was able to take down 6 domains, and used the courts to do so: https://blogs.microsoft.com/on-the-issues/2018/08/20/we-are-taking-new-steps... No URS or UDRP was required. If they can do this, why can't everyone else? Sincerely, George Kirikos 416-588-0269 http://www.leap.com/