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

[Roeland Meyer <rmeyer@mhsc.com>]

This is the turely nasty thing about the UDRP. The registry doesn't care. It
is a registry, not a court. The ICANN, as a TECHNICAL standard setting body,
does not make law. 

Maybe I hadn't phrased it properly and I allowed Kent much opportunity to
dilute the point with distraction, but the point remains that these are NOT
technical issues. They are matters of law and public policy and we seriously
risk over-stepping our bounds here.

> -----Original Message-----
> From: Eric Dierker [mailto:eric@hi-tek.com]
> Sent: Sunday, July 29, 2001 8:50 AM
> To: Roeland Meyer
> Cc: 'dassa@dhs.org'; ga
> Subject: Re: [ga] Domain names as observed [correction]
> 
> 
> 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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