Re: [wg-review] 11. IDNH Centers of Interest

[Jefsey Morfin <jefsey@wanadoo.fr>]

On 10:03 12/01/01, Bret Busby said:
>Robin Miller wrote:
> >
> > Jefsey and everyone :)
> >
> > well, my opinion is pretty clear - a good example is that you cannot own a
> > trademark - you have to use it in order to keep it.
> >
> > Same with domain names. You cannot own the words, you have simply secured a
> > right to use that word for a particular purpose.  Hence why I support 
> the term
> > holders over owners.
> >
> > I can own a company, own my artwork, etc. Those are tangible assets. But I
> > cannot own a word. I can only hold a word as a domain name or a trademark.
> > Words are common property that are used for many different purposes by the
> > public. Hence yes - I support Sotiris on the issue of attempting to own
> > language.
>
>In this, I disagree, on two points.

No, I am sorry you cannot until you have first a "domain name" defined.
I do not know what you intend to say when you speak of "domain name".
I do not what Roien means by a "domain name". But knowing Robin,
hering you and knowing what I develop for 23 years in term of "domain
name" I may tell you that a lot have changed and will change.

I terefore suggest you join the http://dnref.org and help us defining
what is a domain name. This afternoon we were 4 persons to attend
the ISOC meeting: the one who created the basic of the IP protocol,
the one who probably created the domain name, a former Director of
the ICANN and an IPv6 really acknowledged competence. All we
could do was to agree we could not even dream yet how domain
names could work two years from now. The idea was that the WIPO
was off their basket and would create more problems to the "owner,
holders, users, designated party, etc..." than they would help them!
:-)

>The first is this; a domain name is an asset. The pirates
>register/buy/whatever a domain name, then, put it up for sale, at a
>price far in excess of (hundreds of times of) its cost to them. For
>example, if a domain name costs a pirate 17USD, which I understand to be
>about the annual cost of registration, and, the pirate puts a selling
>price of 3400USD (two hundred times its cost to the pirate), then, the
>domain name is regarded as a commodity to be bought and sold, and, it is
>owned by whoever owns the registration of the domain name.
>
>The second is this; a domain name is owned as a unique identifier, which
>can equally be traded, as a business name can be traded. For example,
>lets say that you own a company named Miller Astral Transport Vehicles,
>which produces a model of vehicle, known as the Enterprise. Then, one
>day, you decide that you are getting too old, or too tired, or too
>lacking in inspiration, to continue torun this large multi national
>company that you built from scratch, and, you don't like your realtives
>enough to give it to them, so, you sell it. In selling it, you sell the
>company name Miller Astral Transport Vehicles, as part of the sale.
>Miller Astral Transport Vehicles, is a name that uniquely identifies the
>company. Now, lets say that you want to have a website, and, a domain
>name, http://www.matv.com . You register the domain name, for your
>company, and, as long as you pay the annual regsitration fees, you own
>the domain name, and, may use it, via hosting, to publish a website,
>that is uniquely identified, as relating to your company. You are at
>liberty to sell the domain name, and, it would likely be regarded as an
>asset, that is part of your company. You will note here, that I am not
>going into the issue, of some nasty sod taking a trademark on your
>company name, that you have not trademarked, and, trying to take your
>company name and domain name away from you. Such issues are another
>matter. The issue here, is purely whether a domain name should be
>reagarded as something that is owned.
>
>Thus, I contend that the term domain name owner, is the appropriate
>term, and, more appropriate than domain name holder.
>
>--
>
>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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