Re: [ga] Domain names stop the garbage!!!!

[Eric Dierker <eric@HI-TEK.COM>]

Dear all, Scholarly and otherwise,

This is a bunch of garbage.  Giving someone the right to use a thing is a
property right; period end of story no more debate and don't be stupid.  Now
we can debate personal property, real property, private property, tangible
property, intellectual property, public property, fee simple absolutes, life
tenancies, rental, leases, licenses  but stop with the stupidity that it is
not a property right.  It is a right to use a thing!!!  Registration is a
fine service but it only confers the right to use a thing which is a name
which trademark people have been calling a thing since it was conceived.  A
name which is special is a mark - a mark is a thing therefor we have
intellectual property rights. Read again!  Intellectual property rights.  No
wonder why the IP folks have beat you people up for years.
This is a no brainer, domain by Webster;

                     1 a : complete and absolute ownership of land --
compare EMINENT
                     DOMAIN b : land so owned
                     2 : a territory over which dominion is exercised
                     3 : a region distinctively marked by some physical
feature <the domain
                     of rushing streams, tall trees, and lakes>

Webster Name;
                     1 a : a word or phrase that constitutes the distinctive
designation of a
                     person or thing b : a word or symbol used in logic to
designate an entity
                     2 : a descriptive often disparaging epithet <called him
names>
                     3 a : REPUTATION <gave the town a bad name> b : an
illustrious record
                     : FAME <made a name for himself in golf> c : a person
or thing with a
                     reputation

Note that the words themselves mean ownership of a thing.  This complete
argument is silly and rebukes language and logic and law.

Sincerely,
Eric


Jeff Williams wrote:

> Bill and all assembly members,
>
>   I would partially concur with Bills "Scholarly observation" here!  >;)
>
> To Wit:
>
> "To imply or otherwise claim that any registry has any rights to
> a TLD is a difficult position to observe if that registry is staking
> a claim to any string of characters that it does not hold a Trademark
> on or have been granted rights by the legal trademark holder of
> such a string, or otherwise name" -  (Taken form INEGRoups Legal
> advisory team with permission).
>
> William S. Lovell wrote:
>
> >    L Gallegos wrote:
> >
> > > Joop, may I say once again that there are no "property" rights in a
> > > domain name itself.  Rights in the use of the name are conferred
> > > by the registrar/registrant agreement and that is where a registrant
> >
> > > should look prior to registering the domain.  However, just because
> > > a domain name is not property, per se, it does not mean that there
> > > are no rights in it.  Again, those rights are determined by the
> > > registration agreement and can differ from registry to registry.
> > >
> > > Leah
> >
> > I would have to disagree with this entirely.  To say that "rights in
> > the
> > use of the name are conferred by the registrar/registrant agreement"
> > would imply that the registrar had rights to confer, which it does
> > not.
> > Rights to the use of the registrar's facilities are what are conferred
> > by
> > that agreement, without regard to the domain name itself which, if
> > created ("conceived," "invented," etc.) by the registrant, could only
> > be the intellectual property of that registrant.   I realize, of
> > course,
> > that these agreements say otherwise, but it is fundamental to the
> > law that one cannot convey what one does not own, so any portion
> > of any document that pretends to say otherwise would be null and
> > void on its face.  Too bad no one has the wherewithal (or the ***)
> > to prove that.
> >
> > IAAL; this is not legal advice but a scholarly observation.
> >
> > Bill Lovell
> >
> >
> >
>
> Regards,
>
> --
> Jeffrey A. Williams
> Spokesman for INEGroup - (Over 118k 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:  972-447-1800 x1894 or 214-244-4827
> Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
>
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