Experts in the global internet community may have differed
on giving special privileges to international treaty rights in the
Domain Name System (DNS).
Some of the experts who commented on this subject, said
there are various ways and argument there are similar, for the Red Cross and
Islamic Organisation Congress (IOC) to name a few.
One of those experts from the global internet community who
commented on this subject of special privileges for international treaty rights
on DNS included David Cake, Konstantinos Komaitis, Adam Peake among others.
For Dr. Konstantinos Komaitis, Senior Lecturer, Director of
Postgraduate Instructional Courses and Director of LLM Information Technology
and Telecommunications Law at University of Strathclyde, lamented that there is
a very bad precedent set by ICANN, the global internet coordinating body with
the fact that ICANN was willing to entertain the demands (partial) of IOC and
the Red Cross would inevitably create problems and it has.
International Non-Government Organisations (IGOs), he
beliefs should have the same rights as these two organizations, and they sort
of have a point if one puts all of them within the same basket of treaty
organizations.
He noted that but considering the fact that the issue here
is much bigger there should be clear that ICANN is neither a legislator nor an
enforcer of trademark rights.
“What these organizations are asking ICANN is to interpret
trademark law treaties, thus its just huge and problematic,” he said.
Avri in her submission, stated that the Generic Names
Supporting Organization (GNSO), should absolutely not throw this issue in with
Red Cross and IOC issues like International Maritime Organisation (IMO), which
should come out fairly strongly against this idea that the Reserved Name should
be expanded on a general public interest idea.
For Dave Cake the position could be argued that treaties or
legislation granting special rights to the IOC and RC have strong arguments
against them, hence they have nevertheless been ratified or passed and it is
not ICANNs position to reopen the issue but simply to acknowledge decisions
already made.
According to him, while the other rights being asked for are
not currently reflected in legislation or treaty, and it is within ICANNs
purview to review and reject if appropriate requests to grant new rights.
“I’m not saying I personally take this position. I
personally think the IOC request is an ambit claim and the case in favour is
insufficient. But I think that someone who takes the IOC and RC treaty
justification seriously could quite consistently accept the IOC and RC
positions, while rejecting the other IGOs seeking to protect their acronyms,”
he said, stressing that the RC case for special treatment is considerably
stronger than the IOCs, and the IOCs case far stronger than the other IGOs.
He insisted that three different cases should be argued on
their respective merits.
Remmy Nweke
ITREALMS Online ... delivering news for ICT4D Short URLs: goo.gl, mcaf.ee, cli.gs
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