Re: [ga] UDRP Questionnaire

[Jefsey Morfin <jefsey@wanadoo.fr>]

Probably the most sensible position I read on that matter for long.

On 13:17 04/07/01, Roberto Gaetano said:
>Sotiris,
>>So if MADONNA.COM is "a mnemonic way to reach a "thing" that has an Internet
>>address" why does the popstar have some kind of claim to ownership of the
>>domain?  Or how about the BARCELONA.COM domain?  I'm sorry Roberto, but your
>>response is a little too simplistic, almost naive.  If I were to ask you what
>>"gold" was would you tell me it was just a yellow metal?
>
>It is indeed simplistic.
>To follow up in your example, to the "what is gold" question I would 
>answer that it is the element of atomic number 79 in Mendeleev's periodic 
>table of elements. That's what chemically characterizes gold: the fact 
>that people can kill for it is super-structural, and depends from the 
>socio-cultural environment, not from the nature of "gold".

What is the atom for 49, I suppose the 49ers should file an UDRP to change 
its atomic mass.

>Going back to "what is a domain name" I maintain that it is just a string 
>of chars that allows you to point to an internet address. The fact that 
>some people have attached super-structural values does not change the 
>nature of the internet domain name, just its attributes.
>
>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).
>
>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.
>
>Naive indeed, as you point out, nevertheless my opinion on the subject.

Stamp is excellent. If really fit a concept we develop. As RFC 1034 there 
may be many innovative use of the DN concept, as there are many uses of 
stamps. We cannot stay blocked by Louis Touton's e-legal model (BTW that 
guy must get some sleep or we will be responsible for his death).

>>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).

Yes. This is why the people are entitled to have the label they want and to 
add to it the tag they think to best correspond to their label and image. 
Hence the need for millions of TLDs (*)

Jefsey


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