RE: [ifwp] Re: Proposal for a new ORSC/DNSO project

["William X. Walsh" <william@tjns.tj>]

On 03-Dec-98 Einar Stefferud wrote:
> I do not come into this with any preconceived notions, other than that
> there must be a fair way to hear all sides and make rational and fair
> settlements of the existing and new potential conflicts.
> 
> There is no need for this DNS TLD MESS to remain the first Balkans of
> Cyberspace, unless we want it to be so.  It is our choice to make.
> 
> Your argument says you want it to remain the Balkans of CyberSpace.
> 
> My argument says lets not go there!  
> Lets just find a fair settlement instead!

The problem with this is that by saying this, you approach these hearings with
the assumption that they are entitled to anything.  They are not.

To grant them such an assumption, you unfairly prejudice against those who have
been working within the process instead of creating alternative (renegade,
whatever you want to call them) TLDs with no operational basis (yes I've read
the archives NOTHING in them indicates to anyone looking at it from a
reasonable point of view that there was every any hope of adoption or
operational status).

The discussion that needs to occur BEFORE any such fair hearing panel even be
considered is whether or not there should be ANY rights to "prior claim/usage."

once that issue is resolved, THEN, and ONLY THEN, are these fair hearing panels
called for and appropriate.  Otherwise you start from a premise that the "prior
claim" is legitimate and then if the discussions on these prior claims is held
later, those with "prior claim" start from an unfairly stronger position,
having already held such fair hearing panels that will be used only to give
their claims a stronger voice.

Sorry Stef, but your characterization of my argument is inherently flawed, and
indeed your own comments are coming from the position strongly held within the
ORSC that these prior claims are valid.

Your proposal would only serve to help strengthen the position of these
"alternative" or "renegade" tld operators.


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Date: 03-Dec-98 / Time: 08:58:56