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Subject:
From:
Kathy Kleiman <[log in to unmask]>
Reply To:
Kathy Kleiman <[log in to unmask]>
Date:
Wed, 5 Sep 2012 15:17:58 -0400
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Hi All,
I would like to share with you a letter being circulated by Michele 
Neylon, the wonderful Blacknight registrar (and the only registrar in 
Ireland).  It deals with new gTLDs that are "closed gardens" -- generic 
words that some companies have applied for as new gTLDs and will keep 
"closed" -- not open for general second-level domain name registration.  
These include some applicants for .BLOG and .CLOUD, among many others.

It's a powerful letter with strong free speech/freedom of expression 
arguments. Concerns are shared by registries, registrars and registrants 
-- and Michele is looking for Signatories.

Please take a moment to look at the letter, and let Michele know if you 
can sign on (name, organization).  Michele is cc'ed on this email, and 
can be reached at [log in to unmask]

-----
Here's the full version with current signatories : 
https://docs.google.com/document/d/1ZUNlookOWyaSW8lXfi_37zVFsVk9xcxncvmE0uwPEFY/editHere 
are two quotes from the


Here are two quotes from the letter:
"Based on our collective industry experience, we are of the opinion that 
the underlying intention of Section 6 was to allow for the operation of 
closed gTLDs only under very defined circumstances.
Specifically, that closed gTLDs should be reserved for only those 
strings in which the applicant possesses established (i.e., legally 
recognized) intellectual property rights, basically brand names.  We 
believe that this interpretation of Section 6 is inherently logical 
especially in view of the discussions that preceded the opening of gTLDs 
-- which focused, in very large part, on expanding choices and 
opportunities as well as promoting innovation, for Internet consumers 
worldwide."

"Further,  generic words used in a generic way belong to all people. It 
is inherently in the public interest to allow access to generic new 
gTLDs to the whole of the Internet Community, e.g., .BLOG, .MUSIC, 
.CLOUD. Allowing everyone to register and use second level domain names 
of these powerful, generic TLDs is exactly what we envisioned the New 
gTLD Program would do. In contrast, to allow individual Registry 
Operators to segregate and close-off common words for which they do not 
possess intellectual property rights in effect allows them to circumvent 
nation-states' entrenched legal processes for obtaining legitimate and 
recognized trademark protections."
----
Best,
Kathy

Kathy Kleiman
Internet Counsel, Fletcher, Heald & Hildreth
Co-Founder, NCUC



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