UDRP and ICANN / Input Requested

Hi folks,

So I'm a network engineer and a law student and have decided to write a short note for one of our International Law classes based on UDRP and ICANN issues.

I'd like to request input from the community as to what they see as the advantages and disadvantages for the UDRP process the way ICANN has it structured now.

Any comments on how to improve the system are greatly appreciated. You can contact post to the list or contact me off list, either way my information is below.

Ernesto M. Rubi
Network Engineer - AMPATH
Florida International University
J.D. Candidate, 2010
Patent Agent - USPTO Reg. 63,074
FIU College of Law
Email: ernesto@cs.fiu.edu

You may want to use some of the resources available at Harvard,
specifically through the Berkman Center for Internet and Society.


A freeform search on UDRP there garnered many hits that I would
consider more useful than a NANOG discussion on the ICANN UDRP:



Martin Hannigan


Martin's suggestions (go rummage around the Berkman dump) is a good one. Not too far from you is someone who actually is a leading figure in this somewhat arcane field, Prof. Froomkin at Miami Law. There've been a couple of papers over the years that are good sources too. Drop a note to the IPC people (you can find them from the GNSO page off the ICANN page) for pointers.

NANOG, as you probably know, is an operators list, somewhat North American centric. Operators aren't usually caught up in DRPs, and everyone has an opinion on ICANN.

I wrote some bumpf for our brouchure (which mercifully was cut when the copy went to the graphic designer) which we'll be touching on in the workshop we're doing on the 5th in Cairo: http://cai.icann.org/en/node/1867.

"Linguistic and cultural applications need to address the intellectual property issues of patrimony and tradition and prioritize those rights, both during the "Sunrise" period, and as an ongoing conflicts resolution process."

"Applications for cities also need to address intellectual property issues of space, place and name, and prioritize those rights, both during the "Sunrise" period, and as an ongoing conflicts resolution process."

I've lost the para for regional apps, but Governments have the odd idea that they own things, so we'll have to keep governments, as well as the usual bandits, from claiming they own "nile" or "sahara" in a .africa.

All this is just to say that the original, marks-focused DRP trajectory may be altered by more registries like .cat (Catalan language and culture) and what I think of as "senior rights" (I'm from the water-poor west, so water rights sort of colors my thinking), that is, rights that pre-exist marks.

Oblig WIPO-2 bash: Free Pokey!!!


Ernie Rubi wrote:

I should have mentioned this, its a nice, non-fatal, 31pp intro to part of the problem space, from the IPC weenies: