On Tue, Jul 06, 1999 at 12:43:44AM -0500, Gene Marsh wrote:
> >There are no laws to prevent one person from amassing 200 un-trademarked
> >generic domain names which was the scenario presented in the discussion.
> >The discussion, as I understand it, concerns whether or not there should
> >be.
> >dc
> >
>
> OK, here you have a point. For example, see www.extreme.com.
>
> Still, I wonder whether we are indignant from the unfairness of it or out
> of jealousy.
Neither. I'm just trying to work out a scheme that deals with the
problem as I see it. Some people have rights, of various sorts, to
names. When domain names came along a new and very public name
space came into existence. The question is how pre-existing rights
to names are accomodated.
While TMs are the big money thing here, there are other rights to
names, as well. For example, I have a right to use the name
"Crispin", in certain contexts. There are many others with a similar
right to the name. It is not possible to prioritize among us, so
first come first serve is a reasonable allocation strategy. But
someone who goes out and registers 10,000 common surnames for the
sole purpose of reselling them has less of a right to the name than I
do. If there were some business that used "Crispin" as a trademark,
I would say that they fall into the same FCFS pool that I and all my
(metaphorical) relatives belong to -- we all have a legitimate claim
to use the name. The speculator does not.
--
Kent Crispin "Do good, and you'll be
[EMAIL PROTECTED] lonesome." -- Mark Twain
