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	<title>Comments on: WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith: ShoeZone.com</title>
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	<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/</link>
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		<title>By: john andrews</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-48196</link>
		<dc:creator>john andrews</dc:creator>
		<pubDate>Tue, 22 Jun 2010 05:21:48 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-48196</guid>
		<description>Domains are for everyone, not just &quot;domainers&quot;. Decisions like this one change perception for everyone, not just domainers. Domainers, however, discuss these issues.. to the benefit of everyone.

So any assumption that private whois is a sign of bad faith MUST be objected to by everyone (including domainers). 

Sure, a smart domainer (investor in names) should recognize reality and act like a businessperson.. don&#039;t add risk by using privacy. However, the greater good is not served with statements that smart domainers shouldn&#039;t use privacy or that (worse) this is a reasonable and expected decision. Such talk accepts the status quo and allows it to erode our rights further next time.

I know TONS of good reasons for using whois privacy... mostly related to web publishing, including the domain investing aspect of web publishing. More important though, is that I believe I have a right to use whois privacy. Why should an arbitration board be free to take away that right? 

The focus in this case needs to be on the trademark infringement, and related status of the use of the name... including complainant&#039;s claims. 

I think Mike is doing a GREAT service for everyone by highlighting how bad decisions effect everyone, not just those in this specific case. The decision may have been in the spirit of protecting trademarks, and in the spirit of suggesting legitimate rights holders are expected to respond, but if it actually sets a precendent that private whois = sign of bad faith, we all have a problem.

Queue a debate about whether or not we should have rights to use private whois, but do so in a different context, and when that gets settled, accept it as valid and don&#039;t let this stuff infringe.</description>
		<content:encoded><![CDATA[<p>Domains are for everyone, not just &#8220;domainers&#8221;. Decisions like this one change perception for everyone, not just domainers. Domainers, however, discuss these issues.. to the benefit of everyone.</p>
<p>So any assumption that private whois is a sign of bad faith MUST be objected to by everyone (including domainers). </p>
<p>Sure, a smart domainer (investor in names) should recognize reality and act like a businessperson.. don&#8217;t add risk by using privacy. However, the greater good is not served with statements that smart domainers shouldn&#8217;t use privacy or that (worse) this is a reasonable and expected decision. Such talk accepts the status quo and allows it to erode our rights further next time.</p>
<p>I know TONS of good reasons for using whois privacy&#8230; mostly related to web publishing, including the domain investing aspect of web publishing. More important though, is that I believe I have a right to use whois privacy. Why should an arbitration board be free to take away that right? </p>
<p>The focus in this case needs to be on the trademark infringement, and related status of the use of the name&#8230; including complainant&#8217;s claims. </p>
<p>I think Mike is doing a GREAT service for everyone by highlighting how bad decisions effect everyone, not just those in this specific case. The decision may have been in the spirit of protecting trademarks, and in the spirit of suggesting legitimate rights holders are expected to respond, but if it actually sets a precendent that private whois = sign of bad faith, we all have a problem.</p>
<p>Queue a debate about whether or not we should have rights to use private whois, but do so in a different context, and when that gets settled, accept it as valid and don&#8217;t let this stuff infringe.</p>
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		<title>By: BG</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-21221</link>
		<dc:creator>BG</dc:creator>
		<pubDate>Sat, 24 Oct 2009 00:37:50 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-21221</guid>
		<description>This is all brand new news to me &amp; totally depressing!  And here I thought about becoming a buyer/seller of domains because it was an honorable business venture (but the globalists want to make crooks out of such a business?) Since when did it become so taboo?  Guess I&#039;m a day late/dollar short!

And I so totally agree with the person who said, If I own land do I have to build on it? etc. Great analogy.  Some of us don&#039;t have a clue how to build websites or run a business but we love words, always have!. I was having a blast earlier today using my creative juices to come up with domain names (that I was going to park and sell thinking it was a great idea) until I found these articles. I guess we will have to stifle our creative  
ideas and just use words like cat dog bird table chair sofa? :-/  Boy, zero fun in that!

Since nobody on the planet can think of Everything, including big Corp execs, their mouthpieces, and their webmasters, they should look at us as subcontractors and be thankful someone thought of a domain combo of words that they never thought of, and merely seek to &quot;hire&quot;/purchase the idea/product vs getting bent out of shape about it.

It&#039;s like being a &quot;salesman of words and ideas.&quot;. It shouldn&#039;t be looked at as such a crime. If Mr Corp Exec is lousy with words/ideas/names, he should be glad someone else is. 

This whole affair with domain wars just seems all backwards &amp; needs to be turned around. They should thank domain name creators instead of making us walk on eggshells &amp; stifle our creative leanings. (I know... In a perfect world).

And ditto re privacy!!  It&#039;s insane to think it automatically equates to evil.  As a single female I have not had my phone # in the phone book since the mid 1980s.  And when I learned I could pay the phone company a few extra bucks to keep my street address out of the book as well, I&#039;ve done that since the early 1990s. So how is WhoIs privacy any different?  Those orgs 
have flipped everything upside down!

(&quot;Woe to those who say what is good is bad, and what is bad is good,&quot; saith the Lord.)

I must subscribe to this site &amp; get up to speed!  

Welcome to the New World Order where there is
no such thing as private property, evidently including domains &amp;/or a domain business. :-/</description>
		<content:encoded><![CDATA[<p>This is all brand new news to me &amp; totally depressing!  And here I thought about becoming a buyer/seller of domains because it was an honorable business venture (but the globalists want to make crooks out of such a business?) Since when did it become so taboo?  Guess I&#8217;m a day late/dollar short!</p>
<p>And I so totally agree with the person who said, If I own land do I have to build on it? etc. Great analogy.  Some of us don&#8217;t have a clue how to build websites or run a business but we love words, always have!. I was having a blast earlier today using my creative juices to come up with domain names (that I was going to park and sell thinking it was a great idea) until I found these articles. I guess we will have to stifle our creative<br />
ideas and just use words like cat dog bird table chair sofa? :-/  Boy, zero fun in that!</p>
<p>Since nobody on the planet can think of Everything, including big Corp execs, their mouthpieces, and their webmasters, they should look at us as subcontractors and be thankful someone thought of a domain combo of words that they never thought of, and merely seek to &#8220;hire&#8221;/purchase the idea/product vs getting bent out of shape about it.</p>
<p>It&#8217;s like being a &#8220;salesman of words and ideas.&#8221;. It shouldn&#8217;t be looked at as such a crime. If Mr Corp Exec is lousy with words/ideas/names, he should be glad someone else is. </p>
<p>This whole affair with domain wars just seems all backwards &amp; needs to be turned around. They should thank domain name creators instead of making us walk on eggshells &amp; stifle our creative leanings. (I know&#8230; In a perfect world).</p>
<p>And ditto re privacy!!  It&#8217;s insane to think it automatically equates to evil.  As a single female I have not had my phone # in the phone book since the mid 1980s.  And when I learned I could pay the phone company a few extra bucks to keep my street address out of the book as well, I&#8217;ve done that since the early 1990s. So how is WhoIs privacy any different?  Those orgs<br />
have flipped everything upside down!</p>
<p>(&#8220;Woe to those who say what is good is bad, and what is bad is good,&#8221; saith the Lord.)</p>
<p>I must subscribe to this site &amp; get up to speed!  </p>
<p>Welcome to the New World Order where there is<br />
no such thing as private property, evidently including domains &amp;/or a domain business. :-/</p>
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		<title>By: Porsche Loses UDRP On Porscheexperience.com &#38; Porscheguides.com Even After The Owner Offers To Sell Them &#124; Domaining Manual</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19803</link>
		<dc:creator>Porsche Loses UDRP On Porscheexperience.com &#38; Porscheguides.com Even After The Owner Offers To Sell Them &#124; Domaining Manual</dc:creator>
		<pubDate>Fri, 25 Sep 2009 21:42:49 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19803</guid>
		<description>[...] About 10 days ago, in response to  post about another UDRP decision, I had many domainers tell me, if you don&#8217;t respond to a UDRP.... [...]</description>
		<content:encoded><![CDATA[<p>[...] About 10 days ago, in response to  post about another UDRP decision, I had many domainers tell me, if you don&#8217;t respond to a UDRP&#8230;. [...]</p>
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		<title>By: WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230; &#8211; The Facebook News</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19486</link>
		<dc:creator>WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230; &#8211; The Facebook News</dc:creator>
		<pubDate>Wed, 16 Sep 2009 09:52:29 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19486</guid>
		<description>[...] MHB wrote an interesting post today onWIPO Decision: Use Of Privacy On Domain &lt;b&gt;Registration&lt;/b&gt; = Bad Faith &lt;b&gt;&#8230;&lt;/b&gt;Here&#8217;s a quick excerpt [...]</description>
		<content:encoded><![CDATA[<p>[...] MHB wrote an interesting post today onWIPO Decision: Use Of Privacy On Domain &lt;b&gt;Registration&lt;/b&gt; = Bad Faith &lt;b&gt;&#8230;&lt;/b&gt;Here&#8217;s a quick excerpt [...]</p>
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		<title>By: WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230; &#124; Emuoil live today</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19482</link>
		<dc:creator>WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230; &#124; Emuoil live today</dc:creator>
		<pubDate>Wed, 16 Sep 2009 07:39:58 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19482</guid>
		<description>[...] post:  WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230;      Posted in Uncategorized &#124;  Tags: a-one-panel, bad-faith, holder, moniker-com, one-panel, [...]</description>
		<content:encoded><![CDATA[<p>[...] post:  WIPO Decision: Use Of Privacy On Domain Registration = Bad Faith &#8230;      Posted in Uncategorized |  Tags: a-one-panel, bad-faith, holder, moniker-com, one-panel, [...]</p>
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		<title>By: Rick</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19469</link>
		<dc:creator>Rick</dc:creator>
		<pubDate>Wed, 16 Sep 2009 00:18:55 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19469</guid>
		<description>This domain was bought on tdnam for $1xxx a year or so ago.  I considered it, but decided against because of this trademark holder.  It had good traffic.  (wonder why)  Personally, I think if they had responded that the decision would have gone the other way.</description>
		<content:encoded><![CDATA[<p>This domain was bought on tdnam for $1xxx a year or so ago.  I considered it, but decided against because of this trademark holder.  It had good traffic.  (wonder why)  Personally, I think if they had responded that the decision would have gone the other way.</p>
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		<title>By: Rick Schwartz</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19465</link>
		<dc:creator>Rick Schwartz</dc:creator>
		<pubDate>Tue, 15 Sep 2009 21:54:53 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19465</guid>
		<description>jr

Re-read my posts. That is NOT what I said. Not even close.</description>
		<content:encoded><![CDATA[<p>jr</p>
<p>Re-read my posts. That is NOT what I said. Not even close.</p>
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		<title>By: protectyourassets</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19464</link>
		<dc:creator>protectyourassets</dc:creator>
		<pubDate>Tue, 15 Sep 2009 21:45:35 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19464</guid>
		<description>@jr,
I don&#039;t think Rick said using privacy is &quot;bad faith&quot; I think he said it is a &quot;bad idea&quot; which based on this recent decision, is.

peace.</description>
		<content:encoded><![CDATA[<p>@jr,<br />
I don&#8217;t think Rick said using privacy is &#8220;bad faith&#8221; I think he said it is a &#8220;bad idea&#8221; which based on this recent decision, is.</p>
<p>peace.</p>
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		<title>By: jr</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19463</link>
		<dc:creator>jr</dc:creator>
		<pubDate>Tue, 15 Sep 2009 21:34:08 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19463</guid>
		<description>Rick: REALLY??

You actually agree having your information kept anonymous is bad faith? Do you put your REAL telephone number right in the whois? Are you crazy... If we lived in a utopia where people didn&#039;t solicit everything to your inbox/mailbox phone etc. then it would be fine to say &quot;hey keeping secrets is not cool.&quot; But the internet is not the most secure place to disclose your information, you know granted it has access all around the world... WTF are you thinking.

I expect a retraction of your arguement at Traffic, or right now.</description>
		<content:encoded><![CDATA[<p>Rick: REALLY??</p>
<p>You actually agree having your information kept anonymous is bad faith? Do you put your REAL telephone number right in the whois? Are you crazy&#8230; If we lived in a utopia where people didn&#8217;t solicit everything to your inbox/mailbox phone etc. then it would be fine to say &#8220;hey keeping secrets is not cool.&#8221; But the internet is not the most secure place to disclose your information, you know granted it has access all around the world&#8230; WTF are you thinking.</p>
<p>I expect a retraction of your arguement at Traffic, or right now.</p>
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		<title>By: protectyourassets</title>
		<link>http://www.thedomains.com/2009/09/15/wipo-decision-says-use-of-privacy-on-domain-registrationbad-faith-shoezone-com/comment-page-1/#comment-19459</link>
		<dc:creator>protectyourassets</dc:creator>
		<pubDate>Tue, 15 Sep 2009 20:37:22 +0000</pubDate>
		<guid isPermaLink="false">http://www.thedomains.com/?p=5377#comment-19459</guid>
		<description>Crazy times. The Canadian Registry System www.cira.ca by default sets domain registrations to &quot;privacy&quot; to avoid registrants receiving spam and releasing too much personal information. You have to agree to make your information public or it defaults to private. Is the entire Canadian registry system &quot;using bad faith&quot;? These idiot arbitrators and their mickey mouse system need to crawl back into the holes they came out of. The new proposed system looks even worse. Would you leave your banking or personal information out in the open for people to view and/or abuse? Time for domain names and domain disputes to move into a real court system and away from these bandits.
The Canadian government just &quot;b**tch slapped Facebook which changed its privacy policy for the entire planet.  &quot;Back into your holes you domain thieving parasites!&quot; Be gone.
Cheers.</description>
		<content:encoded><![CDATA[<p>Crazy times. The Canadian Registry System <a href="http://www.cira.ca" rel="nofollow">http://www.cira.ca</a> by default sets domain registrations to &#8220;privacy&#8221; to avoid registrants receiving spam and releasing too much personal information. You have to agree to make your information public or it defaults to private. Is the entire Canadian registry system &#8220;using bad faith&#8221;? These idiot arbitrators and their mickey mouse system need to crawl back into the holes they came out of. The new proposed system looks even worse. Would you leave your banking or personal information out in the open for people to view and/or abuse? Time for domain names and domain disputes to move into a real court system and away from these bandits.<br />
The Canadian government just &#8220;b**tch slapped Facebook which changed its privacy policy for the entire planet.  &#8220;Back into your holes you domain thieving parasites!&#8221; Be gone.<br />
Cheers.</p>
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