Closed New gTLDs - "Closed Gardens"

[JFC Morfin]

At 23:54 05/09/2012, Edward Morris wrote:
>  Domain names are identifiers, no more and no less, and may be
> subject to regulation under national trademark laws as are any
> other identifier.


Edward,

Sorry to contradict in part: names are OpenUse. They become
identifiers within and by way of the taxonomy of a referential
system. Such referential systems may be the lexicography of a
language, the repertoire of a company or of a city, the IRI system,
the biological taxonomy, History, etc. In this specific case, we are
speaking of two different categories (mathematical meaning: a
structure of properties) that are applied to names:
1. the commercial trademark system, which comes per countries and
classes (i.e. a third level system: country+class+name)
2. the Internet DNS and, more specifically, the first level of the
ICANN/NTIA "IN" CLASS (actually a third level system: Internet+CLASS+name).

There are many other uses utilized by the human brain. OpenUse (cf.
very young <http://open-use.org/>http://open-use.org everyone welcome
to join and help) actually means that we are free to think what/how
we want with our individual brain and its digital facilitation tools
and peripherals. The recent OpenStand (http://open-stand.org after
the ISOC-IAB-IETF-W3C-IEEE Affirmation) seeks to constrain our brains
to abide by famous commercial trademarks, market accepted standards,
and commercially acknowledged global communities in order to keep
building and reaping the commercial benefits induced so far by the Internet.

The key point of this strategy is to make us forget that the Internet
DNS is a 65,536 root files system. Actually, RFC 5507 documents that:
"in fact, most users of the [domain name] system don't even realize
that the [CLASS] mechanism exists". However, if most forgot it, the
IANA fully documents it here:
<http://www.iana.org/assignments/dns-parameters>http://www.iana.org/assignments/dns-parameters.
And its use was advocated by ICANN to address the open-root issue
(ICP-3 document: http://www.icann.org/en/about/unique-authoritative-root).


This is why the whole US (Gov and industry leaders) rigmarole is:

1. to take control of the IANA by ICANN and of the IANA content by ISOC.
1.1. This was administratively achieved by RFC 3860: "Memorandum of
Understanding Concerning the Technical Work of the Internet Assigned
Numbers Authority".
1.2. This was practically achieved (but defeasible) by RFC 4646:
which loaded the langtags tables on the IANA. Due to their size, this
permits Mark Davis (President of Unicode, a Google employee) to DoS
the IANA in making ICU functions to update from the IANA. This would
force the IANA to be transferred under a powerful private system as
suggested by former IETF Chair Harald Alvestrand, who is now a Google
employee. Please remember that Vint Cerf, Internet evangelist at
Google is on the Board of Unicode. I do not think Google has any
problem to replace ICANN in minutes should it be necessary.
1.3. The ownership of the RFC IP has been progressively transferred
under ISOC Copyrights, RFC 5378 (BCP78) successively obsoleting RFC
3978 and RFC 4748, and updating RFC 2026.
2. to change the vision of the DNS in the people's minds (this seems
to be de facto achieved for the signatories of the quoted paper): in
making them forget the Internet environment, so that the use of the
name is considered as universal and the CLASSes are de facto removed
with the support of US law (and the confusion created by the TMCH
(<http://newgtlds.icann.org/en/about/trademark-clearinghouse>http://newgtlds.icann.org/en/about/trademark-clearinghouse).
Let us remember the true purpose of the New gTLD Project: the money
spent by the applicants, the TM related rules, the "pseudo legal"
international institutions, etc. make the ICANN contracted project
too big to die or being killed, making the whole thing "ICANN and TM
holders centered", instead of "people centered" as proclaimed by the WSIS.

3. and eventually to change the DNS definitions and RFCs to make them
"market acceptable" (by the FTM - famous trade mark - owners and the
so-called ICANN community, i.e. "naming industry").


This is why I think, before it is too late, it is time for the CS to
start its own counterwar to this war on the users. The only feasible
way I see to do so is to use the IETF channel in order to introduce
and deploy an IUse/OpenUse RFC on the Intelligent Use Digitalized
Names Syntax (IUDNS). There will probably be three steps:
a. the introduction of an IUCG Draft tending to protect the
compatibility of the various digital namespaces, including the Internet DNS.
b. the operations of an IUDNS prototype and further on of a ML-DNS
version (for a multilayer resolution pile support in order to resolve
names in the context of different namespaces)
c. the probable appeal for  denial of acceptance of this Draft, to
permit the clear identification of the border between the IETF market
referent and the IUTF intelligent use referent.

If some people wish to join me in this endeavor they are welcome. It
might be interesting. It is probably absolutely necessary for a
people centered society, digital human rights, and the digitally
sustained millennium development goals
(<http://www.un.org/millenniumgoals/>http://www.un.org/millenniumgoals/).

jfc

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