Return to tldapps Forum - Message Thread - FAQ

Username: fabrcop
Date/Time: Fri, October 27, 2000 at 1:21 PM GMT
Browser: Microsoft Internet Explorer V5.01 using Windows 95
Score: 5
Subject: The content of this post can't be tolerated!

Message:
 

 
  From Mr.Meeks' article:

  SHOOTOUT AT THE .WEB CORRAL
         I suppose the real test of whether ICANN has the political
  will to do the right thing will come with its decision over who
  gets to run the .web domain, which surveys show is the most desired
  new domain.
         Small catch: .web already belongs to Image Online Design.

  From Webster's post (Mr.Crocker's answer):
    Small catch:  No it does not. Not in the ICANN/IANA domain
    system. 

My comment:
This is a weak answer: it's obvious that Mr.Meeks was talking
about intellectual rights.

Here is the worst point:

  From Mr.Meeks' article:

         Image Online Design has been running an alternative domain
  name registry using .web since 1996; that registry has attracted
  about 20,000 paying .web domain name holders.

  From Webster's post (Mr.Crocker's answer):

  IOD's activity has been entirely independent of IANA and ICANN,
  other than the two, failed lawsuits it has initiated, and it is
  free to continue its independent activities. ICANN is taking no
  action that prevents IOD's independent activities.

My comment:
This answer can be tolerated by IOD!
Even though you don't believe that IANA gave a full valid
authorization to IOD (1996) to run a registry and collect fees,
even in this case, you can't deny that IOD and IANA had contacts
about starting new TLDs and that IOD started its registry because
of the so called "Postel Draft" by IANA!
Everybody knows this (see old IANA forums)!
(Otherwise IOD would be crazy to start a registry
unrelated with IANA - is Mr. Crocker trying to
demonstrate something so absurd?!)

  From Mr.Meeks' article:

       ICANN has refused to recognize Image Online Designs efforts
when in fact it could specifically set aside .web under a pioneers
preference exemption, much like the Federal Communications
Commission has done when handing out slices of the airwaves to companies that have pioneered particular technologies.

  From Webster's post (Mr.Crocker's answer):

  IOD did not come up with the "idea" of .web first. Further this
raises an interesting question: what exactly are they supposed to
have "pioneered"? That people are interested in the web? That people
want additional top-level domains?

My comment:
IOD did pioneer the .web registry. Everybody knows this.
So .web should be considered IOD's intellectual property
(if you don't agree, you will agree that it is at least
a MORAL property).
In 1996 IOD was the third company to propose .web after Postel Draft.
The first 2 companies gave up immediately. IOD contacted IANA
and was adviced/authorized to start the .web registry and to collect
fees for registrations, while waiting for final approval by IANA.
Later IANA changed its mind (IAHC plan) but this can't be
considered a fault of IOD. IOD did pioneer .web

  From Mr.Meeks' article:

       Now Image Online Design finds itself fighting for what is
clearly its own intellectual property. One of those bidding against
it is big shocker the Afilias group.

  From Webster's post (Mr.Crocker's answer):

  "Clearly" its own intellectual propoerty? Given that it has lost two lawsuits on this topic, there probably is a clear basis for assessing its legal position, but the clarity is of the absence, not presence, of IOD intellectual property. 

My comment:
IOD did not loose two lawsuits on THIS topic.
The first lawsuit (agains IAHC) was overtaken by the US government
that stopped IAHC. The second lawsuit (against CORE) was not
on this topic: it was about considering ".web" as a trademark:
however, no TLD can be considered a trademark.
Trademark is a different matter than intellectual property:
so the lawsuit does not deny IOD's intellectual property on .web .
Again, if you don't like "intellectual property", you can
say "MORAL property": I wonder who may deny this!!!

Regards

Fabrizio Coppola
Italy

 


Message Thread: