{ From: Mikki Barry <[EMAIL PROTECTED]>
{ Date: Wed, 20 Jan 1999 18:28:54 -0500
...
{ > Be that as it may, there is no need to carry that policy over to DN
{ >registration. It's pretty clear that domain-name rights cannot be made
{ >directly equivalent to TM rights; my suggestion was simply to point out
{ >an obvious point at which they might be differentiated.
{
{ I think it's better to leave them out of the discussion. Trademark vs.
{ domain name issues should be resolved by legislative or judicial means,
{ not by the DNSO.
{
What 'legislative' forum do you have in mind for this issue?
(Judiciaries exist to resolve legislative conflicts, not to create new
law.) If I were a member of DNSO, the first item I would put on the
agenda would be some proposal to ICANN regarding just this particular
issue, precisely because (despite Wendy Selzer's 'membership model'**)
the structures being put in place *will serve as a government of
cyberspace, and policies of ICANN *will come to have the force of law by
default.
Conversely, if I were an 'at large' member of ICANN
(my application even to the selection committee was not accepted),
I would move to address Internet issues from this perspective, as well,
but in order to preserve 'netizen rights' in the face of the kind of
organizational resources corporate 'representatives' would offer -- and,
imo, if this list and others want to be heard by policy makers, it would
do well to take this philosophical higher ground before it dissolves
entirely.
Is there an alternative function for this sort of discussion group? If
so, can you advise me how closely this list in particular is fulfilling
that purpose?
** 1/19/99:
"ICANN is not a governance institution,
but a narrowly focused technical body charged with certain policymaking
and coordination tasks. This model is premised on the view that if ICANN
is invested with a worldwide democratic electorate, it will be treated by
realspace governments and others as a legitimately elected government of
cyberspace."
kerry
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