John, I am assuming that at some point along the DNS structure
that
someone or some entity owns the name space in which a DN is registered,
otherwise it cannot be "Leased", as leasing implies that someone or
some entity owns it at some level as is true in Land is owned using
your analogy below regarding apartments, ect..
So I have to assume that the Root server owners or operators
own the right to leas the Domain in a particular of group of
TLD/name spaces. In the case of NSI ( Now under amendment 11
)
for com, net, org that means a.root-server.net.
Now we are engaged in the privatization of the internet and the
ICANN
will supposedly be getting control of those Root servers. And
than they
will actually be the "Landlords" of the DNS, so to speak.
It is for this
and other related reasons that it is so important that as the White
Paper
requires, with respect to protecting a public trust, that the DNSO
and the
ICANN membership structure is so central and influencing.
John Gaskill wrote:
I have read with interest the numerousRegards,
theories and HO's about whether
TLD names constitute property.While businesses and people
with registered TRADEMARKS
(either TMs or SMs) have rights
to protect their registered marks,
they also have to renew those
rights occasionally.Most of you know that TOTAL
EXCLUSIVITY is not automatic for
descriptive names. And might be
arguable in the case of invented
names.But comparing use of a domain
name address [(assigned by a
registrar) in conjunction with a
top-level domain name] to
owning or leasing real estate
may not be the best analogy.Why not? Because TLD's
are not SOLD or leased by the
Registrar. The registrar assigns
an IP address to a domain name
submitted to it.Sales of domain names can
occur between individual parties,
but ownership implies permanence.A better analogy might be a
short term rental, like that of an
automobile parking space. Such
a space can be rented on a space
available basis, on a monthly
contract, or even longer. And as
soon as your car leaves the space,
it can be rented to someone else.With cheap prices for TLD name
registration (about ten cents a day
now - I think) versus expensive
prices for leasing real estate
(apartments, condos, etc) and more
expensive for commercial properties,
the comparison to real estate has
run its course. But it was a good
thought and has some merit (below).You will have difficulty getting
"options" on real estate (whether to
purchase or lease) without paying
something for them.And even though "carrying costs"
apply to domain names and real
estate, the difference in these
carry costs are orders of magnitude
(although that may only apply to a
domain name being held in reserve
for future use).There is no "carry" for the auto
park space. There is only the need
that you keep a vehicle parked there.Where the real estate analogy
would benefit all but the big, bad
trademark holders, would be to
treat NSI as if it were an Escrow
Company acting merely as
custodian of the address book for
internet users.In the event of an action alleging
usurpation of a VALID, registered
mark, the registrar would file an
interpleader with the court and
turn over the documentation for
the name. Upon the court's
interim or final decree, the
disposition of the TLD name
and address would be known.
Until then, the registrar would
would leave the record as is,
and non-pirate, non-squatting
users would not lose use of
the domain in the meantime.It's quite amazing what a
change in technology does
for the legal system. Makes
for enriching a lot of lawyers.Regards,
John Gaskill
[EMAIL PROTECTED]
--
Jeffrey A. Williams
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail [EMAIL PROTECTED]
Contact Number: 972-447-1894
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
