FC: A new domain name dispute low: Unix.org loses name to X/Open

From: Declan McCullagh (declanat_private)
Date: Wed Jul 10 2002 - 22:22:50 PDT

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    [Links to commercial sites is "bad faith?" --Declan]
    
    ---
    
    To: froomkinat_private, declanat_private, gnuat_private
    Subject: I guess we can't talk about Unix any more...
    Date: Wed, 10 Jul 2002 15:18:58 -0700
    From: John Gilmore <gnuat_private>
    
    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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