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Re: [ga] Re: NSI & Expired domain names -- violation of consensus deletions policy??

  • To: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Subject: Re: [ga] Re: NSI & Expired domain names -- violation of consensus deletions policy??
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Mon, 20 Sep 2004 22:03:47 -0700
  • Cc: George Kirikos <gkirikos@xxxxxxxxx>, ga@xxxxxxxxxxxxxx
  • Organization: INEGroup Spokesman
  • References: <20040920125028.99258.qmail@web52910.mail.yahoo.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Eric, George and all former DNSO GA members or other interested
stakeholders/users,

  It is and has been clear that some within the ICANN "musical chairs"
staff
have never wanted DN's to be owned by the registrant.  It is also clear
that
updated TM law has seen fit to allow for DN's to be registered Trade
Marks
as a form of intellectual property, which was indeed debated heatedly in
2001
and never truly resolved with respect to jurisdictional conflicts by
differences
in countries TM law and trade agreements with respect to ecommerce.

  I am sorry to read that George seemingly missed these discussions and
debates in 2001 and has not seen fit to review the relative archives in
that respect.

Hugh Dierker wrote:

>    Back in about 2001 there was a great debate about the nature of a
> property right in a domain name. I remember it had two facets to it.
> One was started through the WG-Review and the other through something
> called IDNO or something. Neither was concluded satisfactorily. I
> believe court cases will show just as much confusion and lack of an
> industry standard, as do contracts and probate. Perhaps it has evolved
> further but history and archives may prevent rehashing of obvious
> conclusions. Certainly the rights are different between say, Communist
> Countries, Muslim Countries, Civil Law, Confuscianism and Common Law.
> Without an Industry Standard we are hard pressed to resolve the issue.
>
> eric
>
> George Kirikos <gkirikos@xxxxxxxxx> wrote:
> In case folks didn't read the entire message (it was long), the
> amendment of NSI's registrant agreement to include:
>
> "You agree that we may, but are not obligated to, allow you to renew
> your domain name after its expiration date has passed."
>
> should hopefully get your attention. Now go and read all of the
> changes, archived in the prior post, visible at:
>
> http://www.opensrs.org/archives/discuss-list/0409/0081.html
>
> I'm surprised NSI's lawyers used the language "your domain name" in
> the
> contract....they act in every way as if the domains truly belong to
> NSI!
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/
>
>

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Be precise in the use of words and expect precision from others" -
    Pierre Abelard

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
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