[ICANN-EU] 3rdLD

[Jefsey Morfin <jefsey@wanadoo.fr>]

Andreas,

At 09:35 19/09/00, you wrote:
>Dear Jefsey:
> >My points as always are:
> >- DNs are not legally defined so I do not know what it is
>They may or may not be defined.

They are or they are not. This not Hamlet, this law. :-)
I see your point however?

>They still fulfill certain legal definitions. Therefore this loop hole
>might not work.

I do not see it as much as a loop hole, but a way to show
the necessity of a legal definition.

>How do you want to keep a domain name private?

One.
The word "private" I use is may be ill chosen. I uses it in
its business/telecom service acception as in "publicly owned"
and "privately owned". I mean that xxx.com or xxx.com.fr
are assigned by an authority (DNS wise speaking) which
serves anyone from the public, and xxxx.jefsey.com has
been assigned by me only to my family, my company,
the Members of my non profit organisation (CINIC) or -
and there I concede there might be a problem - my
customers.

Two.
You obviously need to legaly define domain name as
you are now calling domain name an URL. This confusion
is general for SLD and should not be accepted (Barcelona.com
is a case where the domain name maybe disputed, but
where the URL do not belong to a city: a city is not a
commerce. This is exactly as saying that "The Hotel de
la Gare" (Station Hotel) belongs to the Railways.

>It is published in registers, search engines, catalogues,
>directories, etc.

1) Not my fault.
2) no more than my book on Mercedes history
3) the domain name is *not* published, the URL is.

>Search agents, search worms and other programs
>will find and then publish any domain name.

Please define what is a domain name in there.
One you refer to URL.
For me and all the internet story an URL is the title of an
electronic book equivalent. Internet is a public electronic
library. That people puts their catalogs into the library
does not transform the internet in a shop. DNs are
classification labels participating into a general
classification system starting with the a-root and
ending with the last paragraph title in the last
document. URL are "locators" and DNs are parts
in a "locating system".

>Registration already makes a supposedly private domain
>name immediately public.

Here you show you entirely missed the point.
I registered on the public system http://jefsey.com
I privately assigned http://mercedes.jefsey.com to
publish a letter to my girlfriend Mercedes or to
publish a copy of my last review in a car magazine
about Mercedes.

In the case of a CINIC (common interest network
information center) we commonly assigned the
address http://andreas.sys.ws
Is it public or private? is it subject to TM?
If this a private document it is a title protected by the
freedom of press. If it is a public site it is an undertaking
offering goods and services. But a private document
published on internet is public (in these meanings) you
say....



Andreas, I do not want to argue. I want enough people to
reach a sufficient understanding of the involved problems
so we may work a solution. On the French ML there is an
excellent point going on. When the USG wanted to fight
MicroSoft among all the lawyers, developpers, marketing;
management, IP, etc.. consultants they have in the US
they only found one competent enough in everything and
able to advise them. I feel this is the same for internet.
Many people are competent in one or in a few fields.
What we need is to join forces to obtain a common
competenece, ie. a consensus, in learning from one
another, working together to compile our positions and
in building from there.
Jefsey