RE: [wg-review] Re: dndef, 9

["Cade,Marilyn S - LGA" <mcade@att.com>]

I'm not sure that Kent is in such a minority. I share his view on this. 

We seem to be spinning around on some issues. Is this particular one moving
the WG forward? What are we trying to change through this particular
dialogue? 

-----Original Message-----
From: Sotiropoulos [mailto:sotiris@hermesnetwork.com]
Sent: Sunday, February 04, 2001 5:16 PM
To: Kent Crispin
Cc: review
Subject: Re: [wg-review] Re: dndef, 9


Kent Crispin wrote:

> On Sun, Feb 04, 2001 at 07:40:05AM -0800, Eric Dierker wrote:
> > We are all on the same page here.  Defining domain is a worthwhile
> > endeavor.
>
> On the contrary, it's a total waste of time.

You appear to be in a minority position on this issue Kent.

> > We cannot do it in a vacuum.  Politics and economics are involved.
>
> Actually, it's the law that defines these things.

Excuse me for saying so, but what a truly simplistic and naive statement!
Which
"law" Kent, WIPO's?  The UDRP is a WIPO/ICANN co-production and it appears
to be
the only "law" that is being applied to domains...  A "law" or process which
according to you has no ultimate legal sanction according to you ("ICANN has
no
legal authority").

> > The majority here seem to view domains as property of which the word is
> > reflective.
>
> There is no uniform definition of "property".  There is no uniform
> definition of "ownership".  Both of these things are defined
> operationally in the legal system, as a bundle of specific statutory
> rights.  That is precisely what is happening with domain names -- the
> definition of the particular rights that obtain with domain names is
> underway in the legal systems of the world as we speak.

Which legal system?  "Specific statutory rights" in which legal system(s)
Kent?
Suppose someone in Timbuctoo has a trademark on the term "songbird"... would
you
want to leave any potential outcome regarding the domain songbird.com in the
hands of the Timbuctooan legal system?

Sotiris Sotiropoulos
        Hermes Network, Inc.



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