> I am referring to the fact that first-come, first-serve doesn't recognize
> trademark or other rights as they apply to the use/registration of words.
Should the law be in the business of constraining technical development or
should it try to reflect its acceptable modes of use?
This is an important question -- ICANN's policy vis-a-vis the DNS is
founded upon, and institionalizes a particular view of the way DNS is and
should be used.
As such, ICANN's policies are constraining and limiting certain directions
of technical development and entraprenureal activity.
In particular, should law, via ICANN, dictate that the Internet shall be
forever a system with a single DNS root? Or should the law/ICANN step
back and say "let us recognize technology and its evolution?"
Should the law ban digital photography because it substantially damages
the evidentary value of photographic evidence?
Should we ban the Internet because it diminishes international borders?
Should we ossify the DNS in the image of trademark?
I would suggest that law, in these cases, should be reactive to limit
harm, not proactive and try to dictate technical direction.
--karl--
