Re: [wg-c] bounced message, reposted for ... and The limits of ...

[Kent Crispin <kent@songbird.com>]

On Thu, Nov 11, 1999, Christopher "Lawsuit" Ambler wrote:
[...]
> As point of direct example, I find your proposal for .NAA to be
> full of danger when each and every ethnic group gets up and 
> sues for equal representation. Frightening.

I am tempted to simply respond "When your only tool is a hammer,
everything looks like a nail".  :-)

But there is a legitimate concern behind your statement I think should 
be addressed:

I believe that you are reflecting what I think is a common confusion
about the nature of Eric's proposal.  It is *not* for a TLD that
"only Indians" can register names in -- I could register
"songbird.com.naa"; you could register "iodesign.com.naa", if we were
so inclined.  [Indeed, I would be very inclined to register a name
there, because I think it would be 1) emotionally gratifying and 2) a
real business opportunity.]

So, it isn't accurate to think of .naa as an "ethnic" TLD.  Instead,
the proper way to think of .naa is as just a gTLD with a *more*
restrictive set of Intellectual Property criteria -- criteria that,
in practice and for the most part, would not cause conflicts with
other IP rules, criteria that would in fact support the basic purpose
of TM: lessening customer confusion. 

Further, the IP rules involved would be articulated and enforced by 
Tribal councils or other bodies that have unique legal standing.  As 
part of the contract with ICANN these bodies would have to establish 
a set of procedures that ensure that the rules are enforced fairly, 
etc etc etc -- all that would be standard for any sponsoring agency 
for a chartered TLD.

If another ethnic group (or indeed any group) could show a coherent
proposal for rules concerning names with similar legal standing and so 
on,  I see no problem with them getting a TLD -- in practice I don't
think there are that many that would meet this particular set of
criteria, but part of the goal here is to usefully differentiate the 
name space, and I personally don't see any problem with *many* such 
chartered TLDs -- in fact, the more restrictive the charter, the 
better, as long as it is "fair", and fairly enforced.  

-- 
Kent Crispin                               "Do good, and you'll be
kent@songbird.com                           lonesome." -- Mark Twain