Re: [wg-review] The Number 2 Problem (solution)

[Bret Busby <bret@clearsol.iinet.net.au>]

DPF wrote:
> 
> On Wed, 10 Jan 2001 00:45:24 +0800, Bret Busby wrote:
> 
> >Now, the domain name www.teardropstissues.com , is registered (from the
> >whois gateway), to the company named www.we-ransom-domain-names.com (an
> >arbitrary name, used here, also as an example, with no relationship to
> >anything, living or dead, ...). The registrar is fully aware, in the
> >cuircumstances, that the registrar is selling the domain name, to a
> >domain name pirate, and, that the pirate is obtaining the domain name,
> >solely for holding it for ransom.
> >
> >Is the registrar not to be held responsible for its conduct, in being a
> >knowing accessory to the piracy?
> 
> While sympathetic to your problems my answer is definitely no, and
> case law has backed this up.  Registrars deal with thousands and
> thousands of name applications and use generally fully automated
> systems.  It would introduce great cost to millions of people and
> large delays if registrars had to check (God knows how) that someone
> applying for a name has the best entitlement to it of everyone who may
> apply.
> 

Sorry - I thought that people should take responsibility for thei
actions. When an applicant for a domain name, has a domain name, or
compnay name, of the nature www.we-ransom-domain-names.com, it doesn't
take much investigation, to realise that the purpose of them obtaining
the domain name, is to ransom the domain name.

> >If an arms dealer in the USA, sells nuclear warheads, to the known to
> >be, psychotic, dictator, of the polically unstable country, of Lunacy,
> >in the middle of the Pacific, which country, and, dictator, have a sworn
> >policy of launching a full-scale nuclear war on the USA, and, knowing
> >that the sale is against the laws banning sale of weapons, or, any
> >device that may be used in a miltary way, to that country, isn't the
> >arms dealer to be held responsible for the sale of the nuclear warheads,
> >to that country?
> 
> Analogy not at all valid.  A domain name is just a name - it is not a
> nuclear weapon.  Also the no of nukes sold each year is small compared
> to the number of domains registered.

As Kalashnikov said, "I do not pull the trigger. I manufacture the
rifle. It is other people who decide how to use it", or, words to that
effect.

An axe is just an axe, but, it can be used to decapitate people. A
domain name is just a domain name, but, it can be used to people's
detriment.
> 
> >Similarly, I say that a domain name registrar should be held legally
> >responsible for its actions, when the registrar knows full well, what it
> >is doing, is wrong.
> 
> I contend the Registrar should operate on a first in first served
> basis, otherwise you introduce subjectivity in which can be even more
> unfair.  If someone is cyber squatting then either sue them or UDRP
> them!  Or just use a similar name.  Or register the name under the
> soon to be public *.biz?
> 
> I've also just realised that this is getting very off topic for this
> working group.  The nature of your grievances are better for the
> general assembly list.
> 

If you had read the message to which you were responding, you will have
noticed, that I was referred to an article, in a message posted on this
list. I was responding to that article. Therefore, it was relevant.

Especially, when domain name registrars, and domain name holders, etc,
are classed above  the common people, in this working group, apparently,
in their special club, with its special privileges, due to the elitism.

But, then, I suppose, accountability is not something relevant to this
list.

-- 

Bret Busby

Armadale, West Australia

......................................
"So once you do know what the question actually is, you'll know what the
answer means."
 - Deep Thought, Chapter 28 of The Hitchhiker's Guide to the Galaxy
 - Douglas Adams, 1988 
......................................
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