Press Release
June 8, 1998
FOR IMMEDIATE RELEASE
Contact:
Mikki Barry
President
A-TCPIP/Domain Name Rights Coalition
703.925.0282
ooblick@netpolicy.com
Kathryn A. Kleiman
General Counsel
A-TCPIP/ Domain Name Rights Coalition
703.518.5184
kathryn@domain-name.org
Domain Name Rights Coalition Responds to Administration Policy on
Internet
Governance
ALEXANDRIA, VA - The Domain Name Rights Coalition (DNRC) applauds Ira
Magaziner and Becky Burr's commitment to inclusion of all stakeholders
in its
upcoming choices for the new corporation that will ultimately control
Internet
governance. However, the organization warns that the desires of
trademark
holders must not be used to squelch the small businesses and
individuals that
make up the vast majority of Internet communications. "The Internet
is the
greatest communications medium ever devised," said Mikki Barry,
President of
the
Association for The Creation and Propagation of Internet Policy's
working
group DNRC. "Commerce is a small subset of Internet usage. We must
not harm
free speech rights and give trademark holders far more rights on the
Internet
than they have in any other medium that currently exists."
"Trademark holders have vastly exaggerated the possibility of
trademark infringement on the Internet," said Kathryn Kleiman, General
Counsel and Co-founder. "A recent study by Professor Milton
Mueller, Director of the Graduate Program in Telecommunications and
Network Management at Syracuse University's School of Information
Studies, has
proven that only 12% of all domain name disputes involve actual
infringement
and that courts provided a quick and effective remedy in these cases.
That leaves 88% of all disputes as power grabs by large corporations
with vast legal resources seeking to expand their intellectual
property rights
in cyberspace beyond traditional bounds." DNRC believes that
trademark concerns should not shape the regulatory agenda for Internet
governance.
The DNRC is also concerned that the White Paper relies too much
upon the World Intellectual Property Organization (WIPO) to take the
lead in
drafting domain name dispute policies that will govern the Internet
for years
to come. "WIPO is not the neutral body we had been hoping for in
formulating
these policies," said Harold Feld, Secretary, Assistant General
Counsel, and
Director. "WIPO's record during the IAHC and later CORE discussions
clearly
shows that they are biased against non intellectual property holders
such as
domain name holders." DNRC would like to see a process which includes
findings such as those of Professor Mueller which show that most
domain name
disputes are actually attempts at reverse hijacking. "Domain name
holders
currently have little recourse but to give up their names and
established
Internet identities when faced with the challenge by and resources of
a
corporation. Most, even though the domain name holders would win in
court,
they can't afford to retain lawyers to fight for what is rightfully
theirs.
The new structure must address this issue and make for a fairer
outcome when
infringement is obviously not involved," Feld added.
Another DNRC concern is the actual structure of the corporate
structure that
will be charged with Internet governance. "Traditionally, non profit
corporations have the least amount of public scrutiny and oversight,"
said
Kathryn Kleiman. "We urge the Commerce Department to
choose a corporate structure that will foster the greatest amount of
stakeholder involvement and scrutiny in such a vital area as Internet
governance."
About A-TCPIP/Domain Name Rights Coalition:
A-TCPIP/Domain Name Rights Coalition represents the interests and
views of
entrepreneurs, small businesses and individuals on the Internet. The
DNRC has worked for equitable, consistent and responsible domain name
policies for the last two years, including during the course of the
Green
Paper, and attended meetings at the White House, Department of
Commerce and
WIPO.
Copies of the two sets of comments that DNRC submitted in the Green
Paper
Proceeding, "Green Paper Comments on Trademark/Domain Name Issues" and
"Green
Paper Comments on Free Speech and Open Communication," can be found on
the
DNRC website at www.domain-name.org