>there is a lot of talk about the "public interest" on these lists. The
>public interest here has come to mean the rights of DN holders to not get
>sued by the (pause for demonization effect) TM interests.
That is rather disingenuous IMHO. Public interest to me means that the
right of freedom of expression will not be abridged on the Internet any
further than it is in the physical world. This includes choice of domain
name.
>
>Another public interest that seldom gets advocated here is the right of the
>public to be protected from porn sites which use the trademarks of others
>to generate traffic.
That, to me, is not a PUBLIC interest. That is a trademark interest. All
cases I have seen where pornographic sites who were using trademarks have
resulted in the trademark owner winning. Do you have cases that came out
the other way, Martin?
>
>Yes, an international treaty will mean something because then the mechanism
>of enforcement will not be jawboning by NTIA but will be the law.
We already HAVE laws. Whose laws would the international treaty encompass?
What enforcement would you advocate? Each country already has laws,
generally enacted by elected representation in one form or another, with
checks and balances, and keeping the individual idiosyncracies of the
specific country in mind? We've already seen the inherrent problems with
WIPO's attempt to internationalize copyright laws
(http://www.epic.org/privacy/copyright/wipo-alert-698.html. As founder of
an Internet software company, I agree with what EPIC has said on this issue.
>
>Richard, I'm not blaming you personally for the prevalence of kiddie porn
>or bestiality on the Internet.
>
>p.s. People like porn and no regulatory mechanism will prevent it. I have
>no illusions that identity verification and other procedures would ever do
>much more than slightly dent illegal activities of that nature.
Pornography is in the laws of the beholder's country. Something that may
personally offend you might be perfectly allowable in another country.
Those things can't be harmonized across countries. In some ways, it's
similar to trademark law :-)
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