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Re: [ga] Domain names as observed
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.
If ICANN functions the way it should, WE are input to the legislatures
around the world. Or we should try to be.
Why should the applicant for .kids have more input to active US Congressmen
than the General Assembly of the Domain Name Supporting Organization?
The Courts can only look at existing Domain Name legislation. Their
jurisprudence so far has only demonstrated how flimsy that legislation is.
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