Re: [ga] Stolen domains, transfers, WHOIS, audit trails, and system integrity

["J-F C. (Jefsey) Morfin" <jefsey@club-internet.fr>]

On 20:22 09/12/02, Jsavirimuthu@aol.com said:
>The problems arise from the spontaneous adaptation of a technical 
>addressing systemto functions and purposes beyond those for which it was 
>originallydesigned.

I am sorry to object. The problems arise from the lack of analysis by IAB 
and USG of what a network system is. That lack of analysis is general and 
creates as much problems at TM level as at technology level.

Let try to make it quickly. When you turn a key in a lock, the hardware 
logic says closed/open. That logic has been used in hardware system up to 
the Versailles Great Waters, or mid-XX century cashiers.

The lamps and then transistors came and millions of electronic lockers 
started supporting software. And we developed applications. You facing the 
application on your screen.  We build big applications. Then they went 
remote and computers were accessed though a "network". That network was a 
computer access network, hardware and software (the Internet), 
interconnecting access and broadcast technologies. That lead to the use of 
the "information" word which is quite the old "informatique" word in Latin 
languages.

This hide the extension. Progressively millions of brains started using (no 
more only watching) the same application through the network. This awaken 
the "noosphere" (a word coined by Teilhard de Chardin in the 30s) and 
developed the Cybernetics (by Wiener and in here more Coufignal in the 
40s). the science of the feed back. TV has no feed back and is no "cyber". 
What apply in there is the "brainware". The way all the users' brain 
consider the system - never mind if they are mistaken (like in their belief 
the root is important) - what counts is what they believe and will do out 
of this belief.

Now let come back to TM. TMs are commercial mnemonics for a class and a 
county. As mnemonics they are in/from your brain. Now, your brain has been 
induced a brainware rule : "the mnemonic IBM will probably make a good 
candidate for ibm.com on the Internet, if not try ibm.net then depending on 
your country try ibm.fr or ibm.uk and if it does not work use Goggle".

That brainware resolution is a totally separate task from the DNS 
resolution into an IP address. Of real different essence. Such brainware 
resolution uses a mnemonic which is protected by TM rules. Confusing the 
layers make the DN affected by the TM laws what is absurd (the same as if 
the printer was sued to have printed a TM label for a customer).and totally 
inapplicable as in violation of many TM rules (I note that Michael is only 
considering the US registrations, what about the Iraqi registrations, or 
the French or the Andorran?).

Putting the problem back into its proper perspective permits to understand 
what applies to what. One does not sue a newspaper because it reported on a 
famous or non famous TM. Internet is like a news paper : it is a way to 
access information. Only a medium. The confusion beween information 
(software) and content (brainware) inhérited from the confusion and lack of 
proper English wording above make believe that the Internet is a media and 
is responsible. It is not. Your brain is resposible, not your voice.

When DNs are "misused", it only is because the mnemonic is misused.
jfc