On Tue, Jul 25, 2023 at 03:32:03PM -0400, Kathy Kleiman ([log in to unmask]) wrote:

> Unfortunately here the concept is Applicant Freedom of
> Expression - sometimes at the expense of the freedom of expression of the
> rest of us. /Should Applicants for New gTLDs be allowed to use any word they
> want for any reason they want regardless of our rights - as registrants and
> users? /

[...]

> _But the purpose of this Recommendation from the SubPro Working Group is *to
> give the Applicants for New gTLD more rights, *and very clear and express
> rights. *To be fair, that takes away some rights from everyone else,
> including us (NCSG and Noncommercial Registrants and Internet Users). *

Yes. A TLD owner would not only be using a word but also denying
others the right to use it in the same way. So it is not a simple
question of freedom of expression. Indeed it could even be argued that
allowing *any* natural language word as a TLD is a heavy limitation
on FoE and shouldn't be allowed at all, but I'm afraid it's too late
for that.

Nonetheless, using some words as TLDs definitely has more adverse
effects on and limits the rights of others more than can be justified
by FoE alone, and such effects should be taken into consideration.

-- 
Tapani Tarvainen