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NET top level domain contract agreement renewal requests by Intellectual Property Constituency

  • To: net-agreement-renewal@xxxxxxxxx
  • Subject: NET top level domain contract agreement renewal requests by Intellectual Property Constituency
  • From: "David W. James" <unend@xxxxxxx>
  • Date: Tue, 10 May 2011 17:32:24 -0400

To whom it may concern;

Earlier today I read the IPC's request that .NET be required to make a uniform 
rapid suspension system available as part of the new contract with VeriSign to 
manage the .NET domain.

I would like to remind ICANN of two things.  First, there are already laws and 
procedures in place that support the right of due process for all parties in a 
lawsuit.  Requirements like that the IPC are requesting are an attempt to 
circumvent due process.  Second, the practical legal principle that 'Ownership 
is nine tenths of the law' is just as true on line as it is in the material 
world.  As an owner of a .net domain for over ten years, I believe that my 
rights to my domain name would be severely lessened if a third party could, 
with little to no notice, suspend access to my domain without due process.  
This is because, once the service is suspended, it then becomes solely my 
burden to prove that I was not guilty of whatever charges might (or might not) 
have been   brought (if they actually are).  This 'guilty when charged' 
attitude is repugnant to one of the fundamental legal principles of my country.

Like other individuals and groups that have been in the news over the last 
several years, the IPC knows this, and wishes to short circuit the legal system 
and individual rights for the ease and financial goals of their dues paying 
members.  As a sometime writer, artist and photographer, this is far beyond 
what I consider appropriate means to support and defend my IP rights, or those 
of anyone else.

Please do _not_ require the new owner of the .NET contract, wether VeriSign or 
some other, to implement a URS system as a part of that contract.

Thank you,
David W. James
--
D. W. James
unend@xxxxxxx








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