On Thu, Oct 01, 1998 at 10:59:23AM -0400, Gary R Wright wrote:
"Steven J. Sobol" writes:
Certainly the legal confusion surrounding the gtld's shouldn't be used as a rational for not developing a process (which is what Barry suggested) for attending to problems associated with the country code domains.
What sort of problems?
Trademark/service mark conflicts come to mind. But in general I would say one function of a legal system is to mediate disputes.
That, of course, is what NSI does. They disclaim responsibility for arbitrating intellectual property disputes, and since they are not a legislative or judicial agency, I'd have to say that is the correct decision.
Barry raised an issue (valid or not, take your pick) and asked if we should have a system by which disputes related to Internet facilities (such as domain name space) could be handled.
Right.
To be more specific, an entity utilizing the .TO domain name was misrepresenting themselves using Barry's domain in .COM. Now perhaps if Barry's domain was world.std.com.US he would have a more obvious legal process by which he could defend his use of world.std.com.US because it would clearly be within the name space assigned to the United States.
No, I don't necessarily think so. When something is done that is actionable, either civilly (e.g. forgery of Barry's domain) or criminally (smurf attack), I don't see how it's possible to judge jurisdiction based on Internet domain. -- Anyone who spams me will be subject to torture by Jake, my killer attack hedgehog, and/or Lizzy and Junior, my man-eating iguanas.