Re: [ga] New TLD White Paper released

[eric@hi-tek.com]

Absolutely,
But as a caveat, they should do both and demand their right over their existing
ccTLD.
That right extends from DOC rulings that ICANN assignments are appropriate and
adopting pre-conditioned
assignments from the predecessors of ICANN and etc. etc. and custom and practice
over the last several years and no contrary law and BTAs and WTO and WIPO and the
UN charter.

Sometimes lawyers, who are trained in law must look to life to find it, not the
other way around.
If you want some ideas on this look to dots and NICs of EU, CA, US, AU, CN.

This want of clarification in a non statutory rule by legal professor types is
simply red herrings in a sea filled with obviousness.  One day will go to court
perhaps and the Judge will ask "how have you been operating over the last five to
ten years" and you will answer " there is no law on that your honor" and he will
say "sit down and have your client answer the question because that is the rule
in this matter". That is real life.

Eric

"John Berryhill Ph.D. J.D." wrote:

> > What about the right of a nation over the ccTLD that corresponds to it
>
> Where does this "right" come from?
>
> Do they have the same right to the appearance of their name, or abbreviation,
> at any other level of the hierarchy?
> ( hint: http://arbiter.wipo.int/domains/decisions/html/2002/d2002-0754.html)
>
> If I establish mx.johnberryhill.com, then must I delegate that 3LD to Mexico?
>
> Why is the argument any different at the root level than it is at the level
> above johnberryhill.com?
>
> > 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 may come to hold the position that my neighbor's car belongs to me.  Only
> in the minds of two-year-old children does a strong desire transform into a
> perceived right of ownership.
>
> > I do beleive that the right of sovereign nations, and other subjects of
> > public international law, to control their ccTLD should be acknowledged.
>
> Yes.  Let those sovereign nations operate their own root servers and their
> own root zone files, and then they can exercise sovereignty over them.
> Nobody is stopping them.
>
> --
> This message was passed to you via the ga@dnso.org list.
> Send mail to majordomo@dnso.org to unsubscribe
> ("unsubscribe ga" in the body of the message).
> Archives at http://www.dnso.org/archives.html

--
This message was passed to you via the ga@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga" in the body of the message).
Archives at http://www.dnso.org/archives.html