IP: I guess we can't talk about Unix any more... A new domain name dispute low: Unix.org loses name to X/Open

[Dave Farber <dave () farber net>]

------ Forwarded Message
From: Declan McCullagh <declan () well com>
: FC: A new domain name dispute low: Unix.org loses name to X/Open

[Links to commercial sites is "bad faith?" --Declan]

---

To: froomkin () law miami edu, declan () well com, gnu () toad com
Subject: I guess we can't talk about Unix any more...
Date: Wed, 10 Jul 2002 15:18:58 -0700
From: John Gilmore <gnu () toad com>

Unix companies have been shooting themselves in the foot for years.
This is just the latest "let's all pull apart rather than pull
together" idiocy.  Luckily, we have Linux to fall back on.  Its
trademark holder isn't shutting down any web sites that discuss it.

The unix.org domain name has been taken away for "cybersquatting" when
it did not meet any of the qualifications for cybersquatting.  The
ICANN-created "Uniform Dispute Resolution Protocol" has long been an
excuse for companies to clobber individuals whose speech they disagree
with (or who merely threaten to breach the desire total control over a
word).

Now tell me again that free speech guarantees should not be part of
the incorporation charter of ICANN.

    John

LINKS TO COMMERCIAL SITES ENOUGH TO FIND BAD FAITH USE
X/Open Company Limited, which owns trademarks in the name
"unix", has won a domain name dispute involving the domain
unix.org. Although the site was being used as a
non-commercial site with articles on the unix operating
system, the panelist ruled that having links to commercial
sites is itself an indicia of bad faith. Decision at
http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0297.html




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