Re: [wg-review] [DNDEF] short quizz 9,10

["Miles B. Whitener" <mbw@i-theta.com>]

My understanding is that there was a longstanding RFC that essentially passed the issue off to the legal system, but then NSI intentionally (and inexplicably?) got itself involved in the dispute process about four or five years ago.

----- Original Message -----

From: Eric Dierker

To: Miles B. Whitener

Cc: jo-uk@rcn.com ; Sandy Harris ; Jefsey Morfin ; wg-review@dnso.org

Sent: Wednesday, February 07, 2001 1:57 PM

Subject: Re: [wg-review] [DNDEF] short quizz 9,10

 

Is the legal structure existing, now and at the time of creation of the internet (I know this could be phrased as the beginning of the evolution of the internet) should have been left alone (no UDRP) to handle Internet Domain Name disputes.
I have not seen recorded history indicating that this was ever a consideration within ICANN.

Havn't the courts pretty much said what you have said here, Registry/Registrars are not to be liable for any type of infringment problem caused by a registration?

As a structure judgment in order to operate on the internet should countries be contractually obligated to honor the USG's Intellectual property decisions?
(DELLKOREA comes to mind) The answer seems obviously no, but I know that that is a value judgment not a structure judgment.

ps I join in thanking you for this enlightenment.

"Miles B. Whitener" wrote:

Thank you for your compliments.However, my opinion is that the registrar/registry should only give names out first come, first serve, and be absolutely indemnified from any disputes between conflicting parties both wanting the same name.The technical and publishing components are identical.The creative and intellectual property components are outside the realm of all of this. There already exist plenty of laws about use of names -- the Internet, and specifically the DNS is just another publishing/advertising means.  The law can order one party to transfer use of a name to some other party, and has done for a long time before DNS existed, but the registry/registrar should absolutely not involve themselves in that area.One thing absolutely muddying the waters is the very existence of _global_ TLDs.  All propertly law is done in layers -- local, national, international.  There's no way to arbitrate the use of a name directly under COM between two approximately equally "worthy" (and this is none of the business of DNS management) parties that are in separate countries.  CC TLDs are a large part of the answer to this, but in any case it's not the DNS operator's problem until ordered by an appropriate court to change the registration of a name (in a way that compromises no rights of the operator).