On Fri, Mar 25, 2016 at 08:29:24PM -0700, David Conrad wrote:
> 
> Sorry, how is it "plain"?

If a name is already somehow implicated in those policies, I should
hope everyone agrees that the IETF and IESG are sane enough not to try
to reserve something in competition with it.  If we don't agree about
that, then I think we have big troubles in general.

> Is it plain that (say) GNU is/is not a candidate for 6761?

As far as I know, right now ICANN's policies have nothing to say about
the string "gnu" in the top level.  So for that reason, if it were
necessary for some other technical reason it doesn't seem it would be
a problem under 6761.  (If I'm wrong about ICANN's policies, then that
changes my view.  That's the sort of evaluation work I'd expect to
happen if we had such a proposal that seemed likely to proceed.  But
this is precisely, for instance, the argument I've made repeatedly in
dnssd and homenet about the proposal to use a "home" pseudo-tld in
parallel with "local".  We shouldn't do it because it's already
implicated elsewhere.)

> Given https://gnunet.org/gns and the purported interest of folks involved in 
> that project to use 6761, what is supposed to happen if the folks at 
> http://www.gnu.com decided to pursue a brand TLD in the next round?  If the 
> folks at https://onion.coop or http://www.theonion.com had applied for a 
> brand TLD in the last round, what would the TOR folks have done?
>

It sure sounds to me like the long-ago accession to trademark
interests in the DNS is coming back to bite us, dunnit?
 
> At the highest level, perhaps what we're talking about is what characterizes 
> "technical use" sufficient to justify application of 2860 4.3(a).
> 

Yes, I think that's right.  It seems obvious to me that both local and
onoin met that test, because they both have a function of triggering
software to do something.  I cannot say that I like this design
pattern, but it is well-established and it is clearly a technical
function.

Best regards,

A

-- 
Andrew Sullivan
[email protected]

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