[wg-review] Final Draft on constituency recommendation that you don't address.

[Salt <salt@spiced.com>]

On Tue, 10 Apr 2001 02:43:54 -0400, you wrote:

>Members of the WG-Review:
>
>Sotiris and I have worked on the constituency recommentation. I am posting
>it for comment since this revision differs from what was posted yesterday.
>Please comment. We are hoping to finalize this one.
>

The structure of the system is becoming confusing and even political
where international rights to the basic system is or may someday
evolve into disputes when none is really necessary.   The system needs
to be put on a course and kept in perspective where there is fairness
and equity to those involved.  Integrating the system to the
"Historic" practices of our country being fundamental to the
structure.   

One fundamental problem, since inception of the Domain Name System, is
that the program indirectly contributed to a conflict with existing
practices of the country.  In effect, registration of domain names
were allowed, that in some cases were already text strings, stored and
registered in the US Department of Commerce, Patent and Trademark
Office.  NSI being just a registration center, not responsible for
these contests, or responsible to verify the legal rights to the
string that made up the domain name.  This in effect, leaving the
parties involved to resolve the issue with weight toward the party
that could prove a prior registration, to the string of letters, in
the Patent and Trademark Office.   The problem compounded when cyber
squatters actually collected monies from several of these
trademark/tradename holders where disputes over a domain name was
thought by some corporations, more easily settled by payment of some
small sum (relative to the corporation) verses a probable public
relations nightmare caused by a dispute with some individual.  A David
and Goliath scenario where public sentiment might flow toward the
small individual where perhaps there might be some justification to
rights for some registered name, say FORD where some individual
registered his family name for a domain, in contest with the famous
auto maker.     

In this venue the system allowed non-related or affiliated entities to
register the same prefix name with just the suffix name being
different; com or net.  Where org, gov and edu holders having to meet
some minimum requirement, perhaps with out verification.  This being
done in a manner consistent with the preceding paragraph.  

Additionally, understanding that registrations for patents and
trademarks are secure only in ones own nation, except  where an
agreement to recognize these were made between nations is a fact where
different nations may have their own registries for their own citizens
and also aliens to utilize; where patents and trademarks of another
land, has to be registered in that foreign lands system to be
protected.  This has to be consistent  here too. 

This is the reality of that system where the NSI released domain names
in the one pool where English speaking and even non-english speaking
entities secured the prefix names on a first come first served
convention.  Thus giving those entities with specific country codes
access to the American pool of finite name strings as well as their
own country coded.  

The problem is that Americans have alien competition for the finite
English words used as domain names as well as the complication to
rights to these limited strings when the FORD example above is
considered where a trademark or name is contested by the person with
that string as a family name.  Assuming that FORD is a registered
trademark or tradename.  



I propose the following ideas to start a conversion to a logical
system:

ICANN is responsible for maintaining the primary database of domain
names and the assignment of country codes relative to the number
strings to which these names are attached or assigned.  ICANN can also
establish cross language Top Level Names as .XXX which would have the
same meaning relative to content so to be one of the few international
domain "types" signifying a category of content.   (A Top Level Name
suffix as .KIDS would have little meaning in a non-english language
country and would probably be better substituted with .child for
English lettered countries.  .KID may be a localized medium level
domain name type.  A category to be established perhaps within country
codes.)  The prefix of all of these domain names consistent to what
follows.

The suffix part of the name being the base or headquarters of an
entity relative to the domain registration.  .COM and .NET being
suffix names of the United States of America.  Other countries and
nations already have their own suffix.         

In the USA, a single entity has rights to the prefix of the domain
name where a registered trademark or tradename holder has Federal
recognized preference to the use of whatever.com, whatever.net,
whatever.org.

In cases where a prior registered domain name is exactly the same
string as a USA registered trademark/tradename as:  FORD where a
company may have registered that string as a trademark or name vs. an
individual with  the same string as the historic family name, the
first registered domain name will have preference.  

To resolve disputes where separate, non-related entities now hold the
same prefix name.  Preference to the rights to all of the suffix names
will go to the owner of a registered tradename or trademark unless the
dispute involves historic family names involving the .com or .net
suffix then, first registration of the domain name will prevail with
.com having preference over .net unless there is a dispute where the
.net entity was initially established as an actual network (say a
telecommunications network provider)  and continues as such.   In this
case where both parties cannot agree on the rights to the prefix name
separate entities will be allowed to share the prefix name.  

To resolve disputes where the same prefix name is held by separate
entities, first registration of the domain name will prevail with .com
having preference over .net unless there is a dispute where the .net
entity was initially established as an actual network (say a
telecommunications network provider) and continues as such.   In this
case where both parties cannot agree on the rights to the prefix name,
separate entities will be allowed to share the prefix name.  

Where the same string as FORD can be held as ford.com in the USA, the
name ford.uk is recognized in another country as a separate entity
although ford motor company  could also register that domain name in
the UK if not already registered by a prior registration of a UK
entity. 

Existing domain names ending in .com held by alien entities to the USA
would revert to their country code and the domain name will become
available to citizens and entities headquartered in the USA unless,
the foreign holder is a recognized registered entity in the US Patent
and Trademark office at the time of the conversion. 

To facilitate the process, ford.com is not the same string as
ford1.com.  A numeral as one will be added to the prefix name of the
prior ford.net.  If the existing ford.org is not in fact a nonprofit
institution or organization then, that may become ford2.com 

Keep it simple, elegant so it endures!





The more I know, the more I know  - - - I don't know.

                    {:>)=

             http://www.spiced.com
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