<br><br><div class="gmail_quote">On Tue, Feb 26, 2013 at 1:31 AM, David Cake <span dir="ltr"><<a href="mailto:dave@difference.com.au" target="_blank">dave@difference.com.au</a>></span> wrote:<br><blockquote class="gmail_quote" style="margin:0 0 0 .8ex;border-left:1px #ccc solid;padding-left:1ex">
<div style="word-wrap:break-word">This is, of course, a sleight of hand, as Milton should well know. <div>The case that being a registrant of a second or third level domain is effectively ownership (apart from a number of specific legal ways in which it may not be) has been established, but the question of whether being a registry for a top level domain is thus the same as ownership, or should be considered as administration of a public asset, is not settled and is *precisely* what is under discussion. </div>
<div>And the analogy that the same rules that apply at lower levels is a slick, easy, line of generic reasoning that is easily shown to false in operation. </div><div><br></div><div>There is a precise analogy with trademark law here. We allow registration of a combination of generic words as a trademark, but generally not a generic word alone, certainly not for all classes. </div>
<div><br></div><div>Kathys example, that we don't simply allow TLD owners to just chuck up a copy of BIND on some cheap commercial hosting,</div></div></blockquote><div><br></div><div><br></div><div>This is exactly how some ccTLDs were run for nearly 2 decades!</div>
<div><br></div></div><div><br></div>-- <br>Cheers,<br><br>McTim<br>"A name indicates what we seek. An address indicates where it is. A route indicates how we get there." Jon Postel