[ncdnhc-discuss] Latest NC draft

[Jefsey Morfin]

On 03:31 24/04/02, James Love said:
> > too far fetched. Let's focus more closely on realistic scenarios.

I am afraid James is right about no to be involved and wrong about UDRP. 
You only are in confusion because of the ACPA which does not define the 
user name (it tells it is what the Registries register) but permits it to 
be what it is not able to be. ie. transfered.

To clearly understand what is to be done and thought, I submit that a 
proper language may help a correct thinking. Just replace "domain name" by 
"alphanumeric domain pointer" when you think or write about domain names. 
And simply check if you what you think or you write sounds reasonable by 
your own standard.

A DN is a pointer to an IP address. The only wrong a DN can do is to point 
to the wrong IP address. Any IP, copyright etc.. infrigement is by the 
Domain owner, not by the Domain Name. Your legal concerns about the DN are

1) US based only (and copied abroad)
2) resulting from an error by the US legislators to be corrected
3) the reason is a disrespect of RFC 920.
     - the IANA did not performed its job propely in delegating to 
commercial Verisign
     - the IANA did not permit the normal development of registrant 
consortiums TLDs.

So the solution is:
1) not to permit this to renew in containing the commercial TLD approach to 
the existing ones.

2) to accept that the ICANN is only a Frog managing the legacy Name Space, 
and not a Bull governing the entire Name Space; and is to concert with the 
other Name Space managers. (This concertation will give it the 
international status definition it seeks. One ICANN is a problem, several 
peers including the USG, the EEC, the ITU/T will help the ICANN to identify 
itself and being understood by others).

3) Soon issues will be understood as with domain ownership, not with 
internet domain pointers holdership. This would be helped though an ACPA 
amendment.

For your information the Intlnet project (a local, community, cultural 
proximity internet name space inititive, resuming the international initial 
name space the Internet interconected to) will introduce a petition to the 
EEC for the TCP/IP alphanumeric address pointers to be acknowldeged as such 
and made non transferable in the consumer interest. The rights of the 
consumers are :

1) that the alphanumeric address pointers give access to the address the 
consumer expects on a permanent and stable way. One does not sell other's 
names, one respect them and respect the right of the people/consumers to 
name others by their name.

2) that the violations of any nature (IP, copyrights, pronography, reverse 
eingineering, etc..) carried at a TCP/IP address on any network are to be 
submitted to the proper law enforcements and public actions and not to 
private arbitrations unless made lawfull, so the site owner gets proper 
protection, possible  legal violations by the plaintif are prevented, and 
all the parties concerned can be involved as the WLS makes it necessary.

jfc