On Thu, 27 Aug 2009, Luis Villa wrote: > In the meantime, it is silly to talk about shutting down your domain > or 'extinguishing community' because of this agreement. If you're > using the Fedora mark in a domain name, Red Hat/Fedora can already > take it from you via ICANN. They're virtually guaranteed to win that > case. Well, you might be correct for the US, the generic Top Level Domains (gTLDs) and maybe some international Top Level Domains (ccTLDs), but luckily the world is a bit more complicated. ICANN, that means you are talking about the UDRP (Uniform Domain-Name Dispute-Resolution Policy) [1]. Not all TLD registries use UDRP at all, so there's a list at ICANN [2] for approved providers. When now looking explicitly to *.de where according to IANA (doing as a kind of department of ICANN the technical business for them) the DENIC eG is responsible [3], there are interesting FAQs at the DENIC eG website. First is "Why is there no Dispute Resolution Procedure (like ICANN's UDRP) at DENIC?" [4], second is "What can I do if I believe that I have a better right to a domain than its current holder?" [5] and the third is "DISPUTE Entries" [6]. If you don't want to read these FAQs, the short form is, that you have to win your suit against the current domain name owner in Germany at a German court, otherwise DENIC eG won't give you the defendant domain name. Support by DENIC eG is only offered via a "DISPUTE" to avoid changes at the given domain name owner (in front or during the lawsuit). And as already explained before [7], a trademark (Fedora is a registered trademark in the European Union, but not in Germany) or a company name, is not necessarily a reason to win a suit at a German court [8]. A proof that things can work without ICANN UDRP is e.g. the domain name fahrplan.de [9]. Did I mention, that it could make bad press, if Red Hat suits a longtime Fedora Contributor and owner of a German domain name related to the Fedora Project just in order to get and hold that Fedora Project related German domain name? Conclusion: If I ever find a plaint by Red Hat regarding a Fedora Project related German domain name in my postbox, two of our "Fedora f"s are a lie. References ---------- [1] http://www.icann.org/en/udrp/udrp-policy-24oct99.htm [2] http://www.icann.org/en/dndr/udrp/approved-providers.htm [3] http://www.iana.org/domains/root/db/de.html [4] http://www.denic.de/en/faq-single/450/1/248.html (English) http://www.denic.de/faq-single/450/1/248.html (German) [5] http://www.denic.de/en/faq-single/373/248.html (English) http://www.denic.de/faq-single/373/248.html (German) [6] http://www.denic.de/en/domains/dispute.html (English) http://www.denic.de/domains/dispute.html (German) [7] http://www.redhat.com/archives/fedora-advisory-board/2009-August/msg00162.html [8] BGH, Urt. v. 11. April 2002 - I ZR 317/99 - OLG Muenchen - LG Muenchen I [9] http://www.heise.de/newsticker/data/ad-02.12.99-001/ (German) Greetings, Robert
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