[ga-full] Re: [ga] Older Registrations

[Jeff Williams <jwkckid1@ix.netcom.com>]

Chris and all assembly members,

  We all know that WXW really doesn't understand legal documents very
well.
I think it is just best to leave it at that.  I am not concerned what
WXW
understands or not.  I would humbly suggest that you do the same.
Anyone
that takes WXW seriously on these sorts of matters is making a mistake
in judgment, IMHO.

  You and Simon are right Chris.  That much is clear from the already
documents of which in part have been documented as posted here.
The only part that was fuzzy was where the IAHC and the gTLD-MoU
had or did not have authority whether seeded or implied or not
during that time span.  I don't believe that they did.  It really is a
point
that was settled in the advent of the Green paper and later the White
paper
anyway.

  It is however important as you, Simon and to a lesser extent, I have
pointed
out that the history of where we came from to where we are now, and if
that
may be relevant in a potential future legal proceeding.  This would be
especially
true in the creation of new TLD's should some original registrants in
that process
be infringed upon.  A court of law would indeed have to determine this.

Christopher Ambler wrote:

> Jon was of the opinion that IANA had the authority to create new
> TLDs, but he wanted to do it through the RFC process based on his
> prior experience.
>
> William says that Jon was mistaken, and that he didn't have the
> authority. William is unfortunately wrong, for a number of
> reasons. First, NSF gave IANA that authority in its grant to fund
> IANA. The grant document is public record, I strongly recommend
> getting a copy and reading it.
>
> Second, William claims that IANA had authority for ccTLDs, but not
> iTLDs. If true, I ask that William document this separation of
> authority. I have cited the NSF document that gave complete
> discretionary authority (as has Simon). William claims that this
> was for ccTLDs only, although that's not specified anywhere. One
> could reason that there's no way to tell, based on the document
> alone. If, however, IANA had no authority to add iTLDs, then I
> question how Jon added .int? William never answered that one
> when I brought it up a couple of days ago. If IANA didn't have
> the authority to add anything but ccTLDs, one would have to
> presume that NSF would have stopped the addition of .int.
>
> Based on these items, it is clear that IANA believed that the
> authority was there, solicited applications for iTLDs based on
> that belief, and that there is no factual or implied reason to
> doubt that belief. There is also factual evidence that the
> belief was correct, and that the discretionary authority was,
> in fact, vested in IANA.
>
> Christopher
>
> === begin archive ===
>
> RE: top level domain policy ?
> Jon Postel (postel@ISI.EDU)
> Sun, 17 Mar 1996 22:44:34 -0800
>
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> Hi.
>
> Please do read the "ymbk" I-D.
>
> It is the most likely basis for moving forward with the process of
> registering new top level domains.
>
> See
> ftp://ftp.isi.edu/internet-drafts/draft-ymbk-itld-admin-00.txt
> or
> ftp://ds.internic.net/internet-drafts/draft-ymbk-itld-admin-00.txt
>
> --jon.
>
> --
> Christopher Ambler
> chris@the.web
>
> --
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Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 95k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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