Marty,

1) primary function of list is public directory

What "list?"  The service being provided here
is resolution via port 53 to a host for a name
in a zone file.  That what all zone maintainers
provide whether its a TLD or any other level.

As it turns out, some zone maintainers also provide
additional information services on ports 43 or 80
to queries against extracts from their databases
that allow you to see information related to included
domains.


2) identity of customers is not kept confidential and can easily be
discerned by all (hint - does their domain name end in a .com, .net or
.org? then they are a customer!!)

What you are discerning is an alphanumeric expression and
a pointer to a server.  In the instant case, "netmagic"
doesn't tell you a lot about me, the customer, other than
that's an expression that I chose to use in conjunction
with others to name my Internet hosts.

3) US govt has contractual rights to databased

It had the right to a copy of the data generated,
i.e., the zone files, and that was delivered about
two years ago.

Now we await NSI's answer to my request that it explain a statement made to
the Washington Post that appears to be wrong on its face - in that data,
specifically data such as that found in the whois database, is not
intellectual property, per the Feist decision.

I'm not speaking for NSI, but there is the zone file
provided as a service on port 53.  This has nothing to do
with an extract database provided for customer lookups
on ports 43 and 80 a/k/a/ whois.  That's simply an ancillary
feature that has constantly evolved and is manifested in
many different forms on the sites of the diverse DNS zone
maintainers.  Feist is not applicable.  To the extent
there ever was a general directory service under the NIS
NSF cooperative agreement, it was provided by AT&T and long
dismantled.  I don't recall anyone complaining when that occurred.




--tony

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