Re: [ga] New TLD White Paper released

[Karl Auerbach <karl@CaveBear.com>]

On Wed, 19 Mar 2003, John Palmer wrote:

> Please explain why that is fair to auction off what is potentially the
> fruits of someone else's labor.
 
> Some of us have been operating registries and have been supporting TLDs in
> for almost 9 years now. Why can't we have the property that we have worked
> hard to develop? 

If a name in a competing root has established itself as a actual
designator of actual goods or services through use and/or registration,
then you've possibly got cognizable legal rights.

But you've got to be willing to defend those rights.  Otherwise you are
simply whining.

So if you believe that you have laboured to build something, then the 
forum to vindicate those rights is the courthouse.

The best that ICANN can do is to be blind to rights that may or may not
exist in names, leaving the resolution of disputes to forums better suited
to that kind of thing.

That doesn't mean that I agree with Milton's paper - I believe that ICANN 
ought to be cranking new TLDs out at a rate of rather more than one per 
day, and that the choice of what TLD ought to be totally blind to the 
actual character string being sought (other than to ensure that it doesn't 
clash with an already allocated string.)  But Milton's approach is 
certainly a far sight better than the status quo of do-nothingness.

		--karl--




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