Re: [ga] Domain names as observed

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

Dear William,

You are wrong as I point out below.

"William X. Walsh" wrote:

> Hello Joop,
>
> Sunday, July 29, 2001, 5:26:39 PM, Joop Teernstra wrote:
>
> > At 09:42 29/07/2001 -0400, Sotiris Sotiropoulos wrote:
>
> >>"The judge acknowledged that it's not totally clear whether property law
> >>should or
> >>shouldn't apply to Web domains, but emphasized that the job of clarifying
> >>the law
> >>rests with the legislature, not the courts. Legal experts seconded his
> >>opinion."
> >>("his opinion" i.e. that the job of clarifying the law rests with the
> >>legislature, not
> >>the courts!)
>
> > This cannot be emphasised enough.
> > While there are "bush-lawyers" (Australian expression for people who are
> > not lawyers, but who  dispense advise of a legal nature) among us who want
> > us to shut up about Domain Name owners' rights, the function of the DNSO GA
> > is exactly to help shaping the law, where there is currently a barely
> > filled vacuum.
>
> No, it is not the function of the DNSO GA to shape law.  That is, in
> fact, an inappropriate thing for the DNSO GA to be involved in.
>
> Create an association or group to do that, that is not what the DNSO
> GA is, or should, be doing.

You could not be more ignorant William or more damaging if anyone believes your
rot.

What something is, is not a legal question but a factual one and even in the case
of what elements or properties something holds it is determined first and
foremost by the language of a contract in issue then by established behavior and
then by experts and their associations.

It is the function of the GA of the Domain Name Support Organization to define
what a Domain Name is so the courts may apply the law which well paid lawyers
present to it.
--------
Two points here;
We should all appreciate honor and respect the fine lawyers within this group for
not weighing in on this subject.  Believe me they have much to add and
contribute, but it would be wrong in many senses of the word wrong.  It is a
determination for us in this field, whether we be pollywogs, techno dudettes or
marketteers we must decide what a domain is and let the lawyers then argue if a
given case fits a given set of elements or standards.

This is; The "association or group to do that" that is what we were created to
do, thank you very much Bill Clinton, Becky Burr and the DoC.

Secondly, Mr. Walsh seems to be misrepresenting what the honorable Judge in his
plastic case said and one would be wise to disregard it.  Or if you doubt me
contact the judge directly and ask him.

Sincerely,
Eric

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