Re: [wg-review] [DNDEF] short quizz

[Joop Teernstra <terastra@terabytz.co.nz>]

At 23:51 7/02/01 +0000, Jefsey Morfin wrote: 
>
>>
>> 1) Creative Component -  the concept behind the language that makes up the
>> written title that gives rise to intellectual property rights owned by one
>> or more person or persons and or entity(ies). These may or may not be
>> subject to a registered trademark.
>
>
>
> actually far more complex. The semantic, the sound, the graphisms, the
> history are concerned.
> The first point is what is technically the DN: what is registered in the DNS
> files or what is seen at the screen. Same Chinese, Japanese, Korean ideogram
> with similar sound are not registered with the same ascii characters in any
> of the current accepted transcriptions.


Jefsey makes a number of good points here. 

But can this WG really come up with a definition that the courts in France,
Korea, China and Japan are going to respect and use, even if such a definition
would be accepted by the ICANN DNSO?

Are we qualified to cover all those aspects that can come up in a Domain Name
dispute?

Can our defining really help a (prospective) registrar getting a grip on his
potential liability for contributory infringement?

This is a very interesting intellectual exercise, but is the definition
that we
are grasping for destined to end up in the contracts between ICANN and its
accredited registrars?





--Joop Teernstra LL.M.--  
the Cyberspace Association and 
the constituency for Individual Domain Name Owners
Elected representative.
http://www.idno.org  

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