SECUR> Copyrighting Freedom of Expression

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Copyrighting Freedom of Expression
<http://www.alternet.org/print.html?StoryID=15026>
Kembrew McLeod, In These Times
January 27, 2003
Viewed on January 27, 2003

Kembrew McLeod is the author of Owning Culture: Authorship, Ownership and
Intellectual Property Law.

The power of corporations to censor was greatly expanded by the passage in
1998 of the Digital Millennium Copyright Act, which was written by and for
the lobbies that paid to push it through Congress -- the software,
entertainment, pharmaceutical and other intellectual property industries.
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[...
In 2001, professor Michael Geist of the University of Ottawa
conducted two studies that demonstrate that the arbitration process is
unfairly balanced in favor of corporate trademark owners. Two organizations,
the National Arbitration Forum (NAF) and the World Intellectual Property
Organization (WIPO), decide the lion¹s share of domain disputes -- 94
percent.

Why do these organizations dominate the process? Trademark owners, the
complainants, can choose where a case is heard, and Geist¹s two studies
demonstrate that NAF and WIPO actively choose judges who favor complainants.
It¹s no surprise that WIPO¹s arbitration panel has removed custody of
hundreds of domain names and turned them over to corporate trademark owners.
The WIPO doesn¹t just rule against someone who is squatting on McDonalds.com
or VivendiUniversal.com, but anyone who registers an obviously satirical
variation of that trademark, such as VivendiUniversalSucks.com.
...]

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