Re: The Fame Claim List -was [wg-b] notification as compromise?

[KathrynKL@aol.com]

Martys wrote:
> 
>  Yes, but there is a difference between a layperson's reaction to a letter
>  from a lawyer alleging that the recipient of the letter has committed a
>  tort which will subject him or her to punitive damages, costs, etc., and an
>  email from ICANN or the DN registrar stating that it is specifically NOT a
>  legal claim but instead a letter generated automatically because the string
>  WENDY is contained in the name, and providing links to information about
>  DNS procedure.
> 

Probably not.  It is still very scary and chilling.  Given the large probably 
that it will be baseless (as there are so many possible strings that it will 
inaccurately identify AND the string detector program cannot possibly know 
whether the use of the domain will be noncommercial -- a full defense to 
allegations of infringement AND dilution), it will often be needlessly scary 
and chilling.   

Again, what is the problem with letting the market handle these services?  
The search firm not only does searches, but has human beings look at the 
results and throw out finds that don't make sense and prioritize the remain 
ones for real threat vs. other common but nonthreatening uses (that's how 
commonlaw trademark searches are done).  That's a market service, its works 
in the real world, and it is being adopted and improved for the cyberspace 
world every day.  Given the ease of searching online, it should not be too 
expensive.  Seems to work.  What am I missing here? 

kathy kleiman