Re: [ga] UDRP Questionnaire

[Sotiris Sotiropoulos <sotiris@hermesnetwork.com>]

Roberto Gaetano wrote:

> <snip>

> Let's take another example: postage stamps.
> They are the proof of payment for a service that allows (physical) mail to
> be routed via the snail-mail system.
> This definition will not take into account the exceptional value that some
> stamps might have for philatelists. But still, this is not the point.
> If to send a parcel you need stamps for a value of 20 pounds, you cannot use
> the world famous "Penny Black" (face value 1 penny) with the justification
> that its value on the philatelic market is more than 20 pounds: the Royal
> Mail will refuse the parcel (as would the US Mail, I suppose).

Just one simple question:

If I purchase one or hundreds of postage stamps from my post office, go home and
put them in my drawer, and you come over and take one or many of them without my
permission, is that theft or not?

>
>
> This is somethink of key importance for the UDRP or whatever IP policy the
> DNSO should endorse: the economic value of (some) domain names is accessory
> and cannot interfere with the primary purpose, which is an alias for an
> internet address.
> Corollary (for instance): if somebody is for long enough a "bona fide" user
> of a domain name on which somebody else claims IP rights, it should not be
> automatic that the owner of the name (and "user" of the name for its primary
> purpose, i.e. to point to an internet "thing") shall relinquish the name.
> IMHO, his/her rights, being "primary", are superior to the "accessory" value
> of the name as identification of a business, or vanity.

Well, at least it's beginning to become more clear that we may have consensus on
some points you and I, Roberto.

>
> >Labels in assembler programs mean specifically whatever the programmer
> >assigns
> >to them... in the case of domain names, where is the programmer who defines
> >their signification?  Isn't the original registrant the arbiter of meaning
> >as a
> >domain name's creator?
>
> Exactly.
> The registrant chooses the name (among the available combinations, as domain
> names have to be unique as labels in programs).

As I said, it appears we may be standing on some common ground.

Sincerely,

Sotiris Sotirpoulos

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