At 02:48 AM 3/29/99 , Bill Lovell wrote:
>>Now, before we begin a debate over exactly what
>>those property rights are, please realize that
>>the problem is recursive. The Root zone relates
>>to a gTLD zone the same way a gTLD zone relates
>>to an SLD zone, etc., ad infinitum.
>>
>>So, before you claim that Iperdome has *no*
>>property rights in .per(sm), please explain
>>why the same arguments wouldn't apply to the
>>AOL.com zone file, or the ibm.co.au zone
>>file.
>>
>Jumping into both of these, I understand that I
>don't own .com, but only cerebalaw.com.
Hi Bill,
You admit to owning cerebalaw.com?
I wouldn't even go that far.
I'd say that you have certain exclusive
property rights in cerebalaw.com, and
certain shared property rights in .com.
Now, if you ever decided to delegate
fenello.cerebalaw.com to me, then I would
have certain exclusive property rights in
fenello.cerebalaw.com, and certain shared
property rights in cerebalaw.com (just like
.com has certain exclusive property rights
in .com, and certain shared property rights
in the ROOT).
>What
>I'm saying is that no one else owns .com either,
>not only because it's a product of the USG but
>also because it's simply a mnemonic for a set
>of numbers defining an agreed upon domain space.
>No one owns "888" or "800" either; those are routes
>in the same way that .com is, and as it happens,
>the FCC just released a whole bunch more of them
>saying, "If you want one that's not already taken,
>go to AT&T, or Sprint, or whoever, and if no one
>has beat you to it, you can get it."
I'd say that it is the "registries" role
to brand and market a TLD.
For example, .per could represent PERSONAL,
PERFECT, PERSNICKITY, etc. Iperdome, however,
has branded .per(sm) as a service offering
Personal Domain Name services under the
.per TLD.
>Should be
>the same with domain names: there's a new
>TLD defined by international agreement; you
>rush to your nearest Registrar or to your ISP
>and thence to some one of the "favored five"
>and if you beat out Joe Blow down the street,
>you get it.
>
>In short, the letter code that defines some subset
>of the nearly infinite domain name space, whether
>that letter code be "per" or anything else, should be
>set by international agreement and freely available
>to every prospective domain name holder to use,
>through whatever registrar that prospective registrant
>may choose.
And where does this public ownership of the
name space begin, and where does it end.
Why are you singling out the SLD as the
component *you* can own, but TLDs are
part of the public trust.
What about those name spaces that will only
let people register in the 3LDs. Do they
have ZERO, ZIP, ZILCH, NADA rights to their
name because the SLD "owns" it all?
Frankly, this is what all the fighting is
about. ICANN, like the gTLD-MoU before it,
wants to own all levels of the name space,
INCLUDING cerebalaw.com!
Respectfully,
Jay Fenello
President, Iperdome, Inc.�
404-943-0524� http://www.iperdome.com
