Re: [ga] DNSO ICANN board member

[Jefsey Morfin <jefsey@wanadoo.fr>]

Dear Kent,
I have not the pleasure yet to know you and your positions.
I am rather new on this ML. I am quite excited to find at last
some of these bad people: when you want to evaluate a
situation you like to meet con and pros.

However I am rather dispointed too because you just speak
loud, but not clear. Could you please substantiate some
points?

At 16:24 31/08/00, you wrote:
>On Thu, Aug 31, 2000 at 10:52:02AM +0100, Louise Ferguson wrote:
> > >     I think the cybersquatting issue is real, particularly now with few
> > > TLDs.  I can't get cpt.org, an unused domain.
> > People have the right NOT to use a domain, for 6 months, for 6 years or for
> > ever.
>No, they don't.  The "rights" that go with a domain are purely defined
>through contracts and laws, and those "rights" are being developed as
>we speak.

What is your legal difinition of a Domain Name? You may know that
I am like Diogene calling for it. At least I did not find it the definitions
of the U[DN]DRP. Could you please tell me wich *law* do you refer
to (I am quite excited about this big piece of news). I am not a lawyer
but I suppose you cannot oppose Louise "rights" (I like you put the
word between brakets as you meant they are no real rights) which
are not yet developped. Would they be ad hominem rights?

> > Since when have I been able to take possession of one of your houses
> > because you don't live in it? Are my rights to do so affected by the number
> > of houses you own, by how high you let the grass grow, by whether you put
> > the house up for sale, or by its state of repair? Can it be repossessed if
> > your mad dog bites the postman, or if you organise demonstrations in your
> > front yard? No.
>
>Yes.  Every one of those things, under some circumstance or another,
>can affect your "right" to your real property.

This requires an authority to determine the circumstances and legitimate
the restriction or the removal. Internet belongs to everyone as it is nothing
(inter-net is like inter-national or the air you breath). There is no other
legitimacy for a decision to be taken and respected than mutual agreement
or war. Do you really mean "your rights are okay until I invade you"?

>There are no a priori "rights" to domain names -- no rights of free
>speech or expression, no rights of possession or ownership.  People are
>busily trying to *assert* rights to domain names, but nobody is
>special, it's just a free-for-all of people saying "mine mine mine",
>and the winners are yet to be determined.

Could you elaborate on this.
Thx. Jefsey


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