Re: [ga] Domain names as observed [correction]

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

Dear Roeland and Dassa,

Courts do not go out and create fact.  Courts interpret facts and apply
precedential and legislative rules to facts that are presented.
For instance: If a matter is too complicated and requires expertise outside
that normally held by a lay person the court will require the testimony of
qualified experts, medical malpractice, arson, land appraisals and such.
Now in the case bandied about here recently we could call two experts from this
list and the judge would weigh the significance to be assigned to either
experts opinion and pick one.  He would not be free to go make his own
opinion.(not to say that he would not)  You can complicate this truth quite a
bit by putting the matter before a jury.
But make no mistake, absent a law by the appropriate body otherwise, what a
domain name is, is a question of fact to be decided by *experts* in the field.
This is my position but of course someone could come and argue that what we
characterize a right as -- is a matter of law and not fact. But that is a lame
argument and following that type of argument brings us technically improper
decisions like Roe v. Wade, which is a classic case of judicial legislation.

In other words this is the place to decide what a domain name is and is not
*Domain Name Support Organization*.

Sincerely,
Eric

Roeland Meyer wrote:

> > From: Dassa [mailto:dassa@dhs.org]
> > Sent: Sunday, July 29, 2001 4:05 AM
>
> > I feel the debate on if they are or are not property is
> > unrewarding for the
> > GA and a waste of time.  The courts are making those decisions.
>
> Regardless of all else said on the subject, this is the most pertinent.
>
> Whilst I agree with Leah, that DNS is a contracted service with a registry,
> the bottom-line is that the courts will decide.
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