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Username: iplawyer
Date/Time: Sat, June 24, 2000 at 12:19 AM GMT
Browser: Netscape Communicator V4.7 using Windows 98
Score: 5
Subject: Legal Theories

Message:
 

 
The primary legal theory for honoring IOD registrations is the "pioneer's preference" doctrine. 

IANA and ICANN have, either (1) directly or (2) indirectly through inaction, encouraged people to register names through IOD.  Therefore, IOD's registrants should be rewarded for their efforts in developing and promoting alternative gtlds in general, and .web in particular.  

Consistent decisions are certainly important for any governmental  agency or regulatory body.  This idea is called "precedent" and "stare decisis" in the court system, and is also applicable to some degree for non-judicial agencies.  Therefore, there is some legal basis for arguing that decisions made by IANA, and its successor ICANN, should be consistent.
 


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