[process2-comments] RFC-1

 Name: JRStogrin Organization: Person Position: Individual Dear WIPO, (and other concerned parties): I appreciate the invitation to for commentary into the process of establishing further regulation on the internet names and numbers. WIPO's position on many cases is now well documented as demonstrated by its actions in determinations on individual cases in recent months. It is clear that the UDRP (Uniform Domain Dispute Policy) Adopted Aug,26,1999 by ICANN is not "Uniformly administered under the Umbrella of WIPO. I remind you all of the following: "The United Nations" "Universal Declaration of Human Rights" Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 Preamble. Whereas recognition of the inherent dignity and of the equal and inalienable rights of all members of the human family is the foundation of freedom, justice and peace in the world, Whereas disregard and contempt for human rights have resulted in barbarous acts which have outraged the conscience of mankind, and the advent of a world in which human beings shall enjoy freedom of speech and belief and freedom from fear and want has been proclaimed as the highest aspiration of the common people, Whereas it is essential, if man is not to be compelled to have recourse, as a last resort, to rebellion against tyranny and oppression, that human rights should be protected by the rule of law, Whereas the peoples of the United Nations have in the Charter reaffirmed their faith in fundamental human rights, in the dignity and worth of the human person and in the equal rights of men and women and have determined to promote social progress and better standards of life in larger freedom, Whereas Member States have pledged themselves to achieve, in co-operation with the United Nations, the promotion of universal respect for and observance of human rights and fundamental freedoms, Now, Therefore THE GENERAL ASSEMBLY proclaims THIS UNIVERSAL DECLARATION OF HUMAN RIGHTS as a common standard of achievement for all peoples and all nations, to the end that every individual and every organ of society, keeping this Declaration constantly in mind, shall strive by teaching and education to promote respect for these rights and freedoms and by progressive measures, national and international, to secure their universal and effective recognition and observance, both among the peoples of Member States themselves and among the peoples of territories under their jurisdiction. Article 1. All human beings are born free and equal in dignity and rights.They are endowed with reason and conscience and should act towards one another in a spirit of brotherhood. Article 2. Everyone is entitled to all the rights and freedoms set forth in this Declaration, without distinction of any kind, such as race, colour, sex, language, religion, political or other opinion, national or social origin, property, birth or other status. Furthermore, no distinction shall be made on the basis of the political, jurisdictional or international status of the country or territory to which a person belongs, whether it be independent, trust, non-self-governing or under any other limitation of sovereignty. Article 6. Everyone has the right to recognition everywhere as a person before the law. Article 7. All are equal before the law and are entitled without any discrimination to equal protection of the law. All are entitled to equal protection against any discrimination in violation of this Declaration and against any incitement to such discrimination. Article 8. Everyone has the right to an effective remedy by the competent national tribunals for acts violating the fundamental rights granted him by the constitution or by law. Article 10. Everyone is entitled in full equality to a fair and public hearing by an independent and impartial tribunal, in the determination of his rights and obligations and of any criminal charge against him. Article 12. No one shall be subjected to arbitrary interference with his privacy, family, home or correspondence, nor to attacks upon his honour and reputation. Everyone has the right to the protection of the law against such interference or attacks. Article 17. (1) Everyone has the right to own property alone as well as in association with others. (2) No one shall be arbitrarily deprived of his property. Article 18. Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief, and freedom, either alone or in community with others and in public or private, to manifest his religion or belief in teaching, practice, worship and observance. Article 19. Everyone has the right to freedom of opinion and expression; this right includes freedom to hold opinions without interference and to seek, receive and impart information and ideas through any media and regardless of frontiers Article 20. (1) Everyone has the right to freedom of peaceful assembly and association. (2) No one may be compelled to belong to an association. Article 23. (1) Everyone has the right to work, to free choice of employment, to just and favourable conditions of work and to protection against unemployment. Article 25. (1) Everyone has the right to a standard of living adequate for the health and well-being of himself and of his family, including food, clothing, housing and medical care and necessary social services, and the right to security in the event of unemployment, sickness, disability, widowhood, old age or other lack of livelihood in circumstances beyond his control. Article 27. (1) Everyone has the right freely to participate in the cultural life of the community, to enjoy the arts and to share in scientific advancement and its benefits. (2) Everyone has the right to the protection of the moral and material interests resulting from any scientific, literary or artistic production of which he is the author. Article 29. (1) Everyone has duties to the community in which alone the free and full development of his personality is possible. (2) In the exercise of his rights and freedoms, everyone shall be subject only to such limitations as are determined by law solely for the purpose of securing due recognition and respect for the rights and freedoms of others and of meeting the just requirements of morality, public order and the general welfare in a democratic society. (3) These rights and freedoms may in no case be exercised contrary to the purposes and principles of the United Nations. Article 30. Nothing in this Declaration may be interpreted as implying for any State, group or person any right to engage in any activity or to perform any act aimed at the destruction of any of the rights and freedoms set forth herein. .................................................................................................... A: My Comments on RFC-1: THE Internet is a place of equality, a free flow of information, communications and expressions by all persons of the world. And should not be "exclusively reserved and controlled by the wealthy or the intellectual" " This would be A Violation" of the United Nations "Universal Declaration of Human Rights" I should have the "equal rights" to register "without fear" or "acquire" any domain name using any word/s, any name/s any phrase/s any number/s, for any purpose/s , other than to "directly compete with "IDENTICAL" goods or services" of the owner of an "IDENTICAL" "Registered Trademark". ....................................................................................................... B: (i) Should personal names be protected against bad faith, abusive, misleading or unfair registration and use in the DNS? (ii) Which personal names, if any, should be protected: - all names, - names of famous persons, - names of government officials or other persons in the public eye. (iii) How do you define bad faith, abusive, misleading or unfair registration and use in respect of personal names? "Bad faith" and "Abusive" are subjective and intent must be proven beyond any reasonable doubt. A purpose of speculation is neither "bad faith" nor "abusive". To criticize an entity so far as it is not slander, is "freedom of speech" and is " protected" under the "Universal Declaration of Human Rights". In the Spirit of Article 1, Perhaps a requirement of links to the other side. So that web-surfers or potential consumers can to find what they were seeking and become better informed. This could would resolve the misleading effects of holding or using "Personal" or "brand" name for other purposes. Define the word "UNFAIR"? Is it a term to empower people, corporations, other entities who missed out registering their preferred domain name and now want to "TAKE IT"? . Or is it a term to protect persons from being abused by "The Wealthy, The Powerful and TheFamous" from having their names Hijacked from them such as "Nissan" Vs "Nissan"; http://www.ncchelp.org/The_Story/the_story.htm .......ALL Names and all Persons are EQUAL under the "United Nations Universal Declaration of Human Rights" and Therein must be protected by you. ..................................................................................... (IV) How do you deal with multiple incidences of the same name? There are many people and corporations World Wide that have the Exact same names. This is permitted under local and regional laws within each individual country. No Single Person or Corporation or TradeMark holder or other Entity should have exclusivity over a particular name over all present or future ccTLD or gTLD. Multiple Trademarks of the Exact Same Name are permitted under International TM laws for different uses with different owners. Requiring an individual person hold a TM to justify keeping a registered name is a Violation Of Article 20-2 of The United Nations "Universal Declaration of Human Rights" There is plenty of room for all persons, all corporations, all Trademarks and all entities within the United Nations (The World) to have a unique online identity. Being Confusingly similar or the even having the same name as another is my human right guarenteed right Under the United Nations Charter. Any Person, Corporation, Trademark owner or other Entity seeking a specific domain name that someone else has registered, should first respect The "Universal Declaration of Human Rights". Failing any part of it, their claim must be dismissed by your organization. ........................................................................................... (v) What provision, if any, should be made for dispute resolution with respect to disputes concerning personal names registered as domain names? Fair and Equal representation in the arbitration and 100% Compensation must be paid if ruled that a name be removed from one entity and given to another. Some persons invested their life savings to create a business. To Simply have it "WIPO" out with the stroke of a pen reimbursed only their registration fees. During the Great depression people commited suicide because they lost it all. Do you accept responsibility if you cause this. Lets avoid causing Intellectual Genocide. Adherence to Articles,10, 12, 17(1)(2), 18, 19, 20, 23, 25, 27(1), 29(2)(3), 30, "The United Nations" "Universal Declaration of Human Rights" is a must. ................................................................................................. (vi) Would directory, listing or other similar services aimed at avoiding domain name conflicts concerning personal names be useful, and, if so, please describe such services? Yes in the future creating a separate international gTLD just for "last names" would help. All persons could have equal access to attaching their first name or Identifier to their given last name. IE; John@doe.name/.nom/.id/.per/.star/.fame or JT.Doe.name/.nom/.id/.per/.star/.fame...... ect Note JT.com Japan Tobacco should Not have claim to any other JT.Name .................................................................................................... C. International Nonproprietary Names (INNs) for Pharmaceutical Substances: Maybe the UN should reserve Control of these for the future benifit of all mankind. Why would one Large Corporate Squatter be busy registering as many as they can right now? .................................................................................................... D: Names and Acronyms of International Intergovernmental Organizations. Governments and international intergovernmental organizations should only be protected under specific gTLDs or ccTLDs "THESE ARE NON-PROFIT ORGANIZATIONS" and should have no claim on commercial or open public space. An identical acronym can stand for almost unlimited meanings in every language and must be left open to all interpretations and uses. E:Geographical indications, geographical terms, or indications of source, and Trade names. It should left up to individual countries to administer their own Geographical indicators, Geographical terms, and Geographical sources within their local ccTLDs. Other gTLDs must be left open for every nationality "wherever they live" in the world to use freely. "Amazon.com" is not in the Amazon. "American Online" is not just in the USA. Canada Dry is made world wide. There are thousands of similar examples. Barcelona is not the only Barcelona in the world. Governments are not Commercial for Profit Institutions and should not have rights that Violate Article 30 of The United Nations "Universal Declaration of Human Rights" Adopted and proclaimed by General Assembly resolution 217 A (III) of 10 December 1948 Thank you for this opportunity J.R.Stogrin I cliped this from a prior submision as it speaks the truth and endorse the entire submission from http://discuss@ador-doc.org/wipoletter.html There were MANY little guys on the net before most of today's corporations found it worthwhile to be there at all. Now the larger entities want to claim the choice pieces for themselves simply because they can influence the law that governs the distribution of them. In my humble opinion, the WIPO has played perfectly into their hands and continues, through reports like this one will likely turn out to be, to turn the tide on the true backbone of the internet, the individual users, in favor of the more financially generous "strongmen" of the conflict, the big trademark holders and institutions who try to parlay size in one realm into position in another. If you allow this to succeed, you will have sold out the very people who made the internet work as it does today to begin with. Without the individuals who populated the net in the early days, little or no value would have been ascribed to this real estate at all. Now the larger interests recently entering the stage are trying to wrest it away and make it a semi-private playground complete with consumers.