My series of posts on the leak of the Trans Pacific Partnership intellectual property chapter has highlighted Canada’s opposition to many U.S. proposals, U.S. demands for Internet provider liability that could lead to subscriber termination, content blocking, and ISP monitoring, copyright term extension, anti-counterfeiting provisions that are inconsistent with Bill C-8, and potential conflict on geographical indications between the TPP and CETA. This post discusses Article QQ.C.12 on domain names. The domain name provision contains two provisions. The first requires each country-code top-level domain to maintain a dispute resolution policy and a WHOIS database. The provision enjoys broad support (presumably most, if not all, countries have a policy similar to the ICANN UDRP), though the U.S. has some concern about the ability to limit WHOIS information based on privacy laws.
The second provision has generated a clear split within the TPP countries as it seems to require countries to create legal remedies to address domain name activity. The proposed provision, which is supported by the U.S., Japan, Mexico, and Vietnam, states:
Each party shall provide adequate and effective remedies against the registration trafficking, or use in any ccTLD, with bad faith intent to profit, of a domain name that is identical or confusingly similar to a trademark.
Canada, Australia, New Zealand, Peru, Singapore, Chile, Malaysia, and Brunei are all opposed to the provision. Not only is the provision confusingly worded, but it suggests that governments would be required to adopt legislative solutions to address domain name disputes (if it is merely about transferring domains that are the subject of a bad faith registration, the first provision would address that concern). The Canadian government has resisted legislative intervention into the domain name system, yet this provision might require it to wade into the issue with legal reforms.
We really are an absurd species. What’s next, a word processor that makes sure I don’t infringe Catcher in the Rye or a clipboard that doesn’t copy-paste from CBC.ca? Domain names are fiction. DNS started as a text file, centralized for convenience by ISPs. We are arguing about lines in a text file that we all decided to keep empty. I have a different idea: I recommend everyone mirror the DNS TLD databasefor themselves and do whatever they want with it and stop listening to the US cry about all the little people sharing the Internet with the Fortune 500.
TPP
OK so we seen the reports and been talking about it for along time now the TPP but when the heck does this actually come into effect or is this TPP just to scare us for along time without it evening happening???
@TorontoBoy
It’s being negotiated between the countries. There have been reports that they want to finalise the agreement this year. Once the text has been finalised, all the countries decide whether they want to sign it or not (usually, all the countries involved in a negotiation like this end up signing), then they bring it back to their respective governments for ratification and implementation (this generally comes with lots of statements about how “we’re obligated to ratify it because we signed it”, despite the fact that this may be the first time the citizens and MPs even get to see the text).
The time to raise a stink with your MP, though, is now. Make sure they know that caving to the US demands in the IP chapter will mean they lose their seat come the next election. MPs can put pressure on the government, who tell the negotiators what to do. by the time the agreement is signed, it’s often too late (ACTA was stopped in Europe after being signed, but people had to take to the streets to stop it).
backdoor offenders
MS has 4-5 billion a YEAR in patent infringements settlements against them. (netscape, anyone? eliminate your competitor thru 15 yr lawsuits)
the music industry is notorious for ripping off classical and older releases (No royalties, plus NOT paying out royalties to smaller artisits.)
like nortel, the avro-arrow, blackberry and lumbar, this will be used a club, and nothing more.
nb: grand funk railroad was 80% owned by other people before they hit the main-stream. betcha it hits 99% soon.
pat
Health Care
Okey i understand
Its a heck being this way,, Need some good policies 🙁