Re: Conflict resolution?

[Hank Nussbacher <hank@ibm.net.il>]

On Mon, 18 Nov 1996, Gert Blij wrote:

> >From the IAHC charter: (*'s are mine)
> 
> "The DNS is an *international* resource and the *IAHC will at all times
> operate with that perspective*. The IAHC                             
> specification effort will address *legal*, administrative, technical and
> operational concerns, with particular attention to the questions of
> *fairness* and functional stability."
> 
> Based on the above I sincerely hope that the IAHC will tackle the issue of
> conflict resolution WRT to unfair use of domain name registration. I
> appreciate that this is a difficult and hot topic, but I feel very strongly
> that if the Internet is to be considered truly *global*, it needs to be
> resolved.
> 
> The present conflict resolution criteria sound great but have no teeth. All
> they do is protect the registration authority from legal action, but don't
> really resolve anything.
> 
> A real live example:
> 
> There is an organisation in New York which has registered (hi-jacked) 
> dozens of domain names (with the .com extension) pertaining to company
> names, registered trademarks etc. in South Africa and Japan. 
> 
> With sanctions having been lifted a lot of companies here in South Africa
> would like to create an international "feel" by using the .com extension
> rather than the localised .co.za one but now can not do so.
> 
> We are advised by various lawyers here that according to the present
> conflict resolution guidelines, the only way to tackle the issue is to take
> this organisation to court in *New York*.
> 
> I am sure you all appreciate thatthis is virtually impossible for 99.9
> percent of companies outside the USA.
> 
> Again, if the Internet is to be(come) a truly global phenomenon, then it
> needs to solve these problems in globally acceptable manner and not be
> based on the current legal flavor of the USA.
> 
> (If  I have misunderstood the present conflict resolution policy and there
> is an easy way to get the domain names back, pease let me know. I and many
> others here in South Africa would be very grateful :-) )

The way to resolve this is to make .com insignificant or to create
many better alternatives.  Then companies abroad have alternatives
to the overpopulated .com domain.


> 
> Gert
> ______________________________________________
> Gert Blij  (gert@itst.co.za)   ITST (Pty) Ltd
> 22 Sluysken Road, Hout Bay, 7800, South Africa
> +27/(0)21/ work & fax: 790 2724    h: 790 3342
> http://www.aztec.co.za/itst
> 

Hank Nussbacher
IAHC member
[the views expressed above belong to the author and do not
necessarily reflect the views of the other IAHC members]