Re: Re: IEDR non-reaction to misleading domain registrations

On Sunday, 28 January 2018 16:04:51 UTC, Gareth 'bigbro' Eason wrote:
>
> This could be considered a 'bad faith' registration of a domain, and as 
> such may be revoked.
>

Not sure that it is an example of bad faith registrations because both 
sides seem to have no defensible claim on the terms.

With a WIPO dispute, it is necessary to prove that they have some rights 
that have been infringed. These rights are generally based on trademarks. 
(Unless they want to get into the quagmire of "passing off".) The whole 
dispute resolution process has been hammered out over decades. Arguably, 
this is a typical article from the Journal that's short on detail and high 
on indignation. The grandiose full title for the pro-choice quote and the 
abbreviated title for the pro-life quote is a classic example of unbalanced 
journalism. (The link  seems to be a lift from a Journal.ie article.) One 
sounds very official and the other sounds randomish. The "formal complaint" 
to IEDR threatened by the pro-choice crowd sounds very grand but ultimately 
is just hot air. IEDR will just tell them to file for a dispute resolution 
process. Unless backed up with a trademark or legal action, most registries 
and registrars will respond with a politely worded PFO.

Suspending and revoking domain names that may offend somebody's 
sensibilities is a very dangerous path because it would be used to suppress 
freedom of speech. These registrations are political registrations for a 
campaign and they generally have a short lifespan (a few years at best 
before they are deleted). Neither side has a monopoly on the terms used. 
Having IEDR and a referendum commission limit what can and cannot be 
registered would not be a good thing and the referendum would be over by 
the time anything would be decided. IEDR has already said that the 
registrations are in accordance with the regulations so despite feelings 
being hurt and the usual windbaggery, there's little to be done other than 
initiating a dispute resolution process and making money for lawyers.

Regards...jmcc

-- 
Irish Linux Users Group
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