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[process2-comments] RFC-1


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[process2-comments] RFC-1


To: process.mail@wipo.int
Subject: [process2-comments] RFC-1
From: ckormos@gasliq.com
Date: Fri, 11 Aug 2000 21:31:59 +0200


 Name: Chris Kormos Organization: - Position: - I would just like to make a minor comment on the procedure for defining the term 'bad faith'. It would seem to be open to quite a liberal interpretation of what exactly constitutes 'abuse' or 'fairness' and my concern is that this sort of thing is difficult to provide negative proof for. Under the assumption that a subsidiary of the UN (which I understand this regulatory body to be) is not in favor of censorship, I would respectfully suggest that 'abusive use' be determined similarly to existing libel and trade laws in various countries. For example, if a private individual were to register 'microsoftproductssuck.com' and fail to provide proof of his or her negative experiences, that could be potential grounds for both a libel suit and subsequent removal of the domain name, a retraction of a publicly printed erroneous statement, as it were. As far as how to define 'fair' usage of domain names, if one considers the electronic business field as a new country or new area of development, which in my opinion is the only valid interpretation for an area that is not locally, but rather globally based and administered, then one must realize that the laws of individual countries, while they may apply to specific users of the network who are based in that country, should not and cannot be applicable to the field as a whole. Therefore, in the same manner as starting a new business or staking any other form of claim in undeveloped areas, the simple rule 'first come, first served' should apply. Just a few rambling thoughts.