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RE: [ga] New TLD White Paper released
Eric, I tip my hat to you and Ross.
Atentamente, Regards
Rodrigo Orenday Serratos
Asuntos Jurídicos Internacionales y Especiales
Legal International and Special Affairs
BANCODEMÉXICO
(55)5237-2328
-----Mensaje original-----
De: eric@hi-tek.com [mailto:eric@hi-tek.com]
Enviado el: Lunes, 24 de Marzo de 2003 03:48 PM
Para: Michael Froomkin - U.Miami School of Law
CC: Rodrigo Orenday Serrato; jefsey@club-internet.fr;
steinle@smartvia.de; baptista@dot-god.com; ga@dnso.org
Asunto: Re: [ga] New TLD White Paper released
Professor Froomkin et al,
In law it is my limited understanding that we follow the authority as such;
1. Written statute;
2. Precedence
3. Contract
And if all that is a contradictory mess - we look to the course and conduct
between the parties and the custom and practice of the trade to determine
the
rules applied in an IRAC (issue, rule, application and conclusion)
manner.
Of course I am not a lawyer although I have practised and taught in the
past, it
would seem that applying these principals would lead us to the conclusion,
barring
well based legal argument to the contrary, that these are matters of
sovereignty.
If you have any of the foregoing that is contrary, I would be most
interested.
It is poor to argue that a void of law leads to a void of rights.
Eric
"Michael Froomkin - U.Miami School of Law" wrote:
> I, of course, argued that no such right exists. For it to exist it must
> have a source. The name is a convenience created by a private standards
> body and used on a private network. How could it become a subject of
> public international law? No one has ever been able to explain this to me
> except to say they think it would be a nice result. But to be legal it
> has to have a legal mechanism. What is it?
>
> On Mon, 24 Mar 2003, Rodrigo Orenday Serrato wrote:
>
> > What about the right of a nation over the ccTLD that corresponds to it
> > (provided that the ccTLD in question in fact corresponds to a
nation-state).
> >
> > As Prfr. Froomkin put it in one of his papers (please note that this is
not
> > an exact quote), sovereign nations may come to hold the position that
> > control over the ccTLD assigned to them is an "appurtenance" of their
> > sovereignty. Spain and Colombia have, for example.
> >
> > I do beleive that the right of sovereign nations, and other subjects of
> > public international law, to control their ccTLD should be acknowledged.
> >
> >
> > Atentamente, Regards
> > Rodrigo Orenday Serratos
> >
> >
> > -----Mensaje original-----
> > De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de Eric
> > Dierker
> > Enviado el: Sábado, 22 de Marzo de 2003 06:24 PM
> > Para: jefsey@club-internet.fr
> > CC: steinle@smartvia.de; baptista@dot-god.com; ga@dnso.org
> > Asunto: Re: [ga] New TLD White Paper released
> >
> >
> > I can show you! Try, it.com.vn
> > I do not buy into the TLD garbage but I buy into ccTLD market.
> > We must back it up with secondary market contributers.
> > e
> > > At 04:08 20/03/03, steinle@smartvia.de wrote:
> > >>Please show me only one case where your sole rights in a TLD was
> > >>acknowledged.
> > >
> > > No one has right in an TLD, as no one as right into a nation.
> > > Exept to some extend its registrants.
> > >
> > > That ICANN has accepted an absurd economical model
> > > where people buy their own name or lose them, does not
> > > change anything to this.
> > >
> > > Please eread RFC 920 and 1591.
> > > jfc
> > >
> > >
> > > --
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> >
> >
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> >
>
> --
> Please visit http://www.icannwatch.org
> A. Michael Froomkin | Professor of Law | froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
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