Return to tldapps Forum - Message Thread - FAQ

Username: jandl
Date/Time: Sun, October 29, 2000 at 8:56 PM GMT (Sun, October 29, 2000 at 4:56 PM EDT)
Browser: Microsoft Internet Explorer V5.5 using Windows 98
Score: 5
Subject: You just can't resist the ad hominems, can you?


I repeat part of my reply to another of your posts:

Legally recognized?  There is no legal standing for any particular root.  There have been arguments over domain names and trademarks.  The courts have said that a TLD cannot be trademarked.  There is nothing about root server systems which says one is legal and another is illegal.  "Rights" have not been established as yet, since no court case has addressed that subject in its entirety.  That is yet to come.  The server you refer to is one server which happens to contain the master rootzone file for the ICANN root, is authorative for the .com/net/org/edu TLDs and is simply part of the most well known root system.  It does not have the legal standing of being the ONLY root system which the public can use.  It could disappear tomorrow and the internet would be intact because the other roots also carry the same information.

As much as you would like to have people believe that the ICANN root is the only "legal" root system, it is simply not true and you know it.  As other root systems emerge, the public will become even more aware.  There are now both public and private root sytems. 

FYI, if ICANN is handed control of the so-called a-root, this, too, will be a private root system operated for the public.  Gee, what a concept.  For now, though, the final decision is still with the DoC.  Other governments or entities may decide that this USG root is not what they need and begin there own root server systems.  After all, it's a matter of technology, not law.  Hmmm... If ICANN can create collisions, then what of others...  Quite a precedent.  It gets more interesting.

>           The ORSC is ILLEGAL and NOT Recognized in the eyes of courts. Period.

Wrong.  The court case had to do with trademarks. To my knowledge, there aren't any illegal root server systems any more than there are illegal intranets and extranets.  Perhaps you should consider a bit of caution before bringing libelous accusations of illegal activity.

>You can say what you like, but do you think the judge who hears the IOD trial will side IOD or ICANN? Obviously the judge will side ICANN.

I suspect that the next case will take a slightly different track.  It should be interesting.

>          History says so. IOD sued both IAHC and CORE and lost both its 2 lawsuits misrably. Please take note that ICANN wants to tell the average Joe this and has published the "Memorandum of Decision in Image Online Design, Inc. v. CORE Ass'n" at this url:

Wrong again.  IOD withdrew the IAHC suit because it was to be moot with the formation of ICANN.  Again, the second suite involved trademarks.  It is a mistake to read more into it than exists in law.


>          I hope the above explanation helps you understand. If not, too bad and I would advise you to go back to pre-school!

Again, you show a serious lack of intelligence by resorting to personal attacks. 

--Eugene Kang


Message Thread:

Privacy Policy | Terms of Service | Cookies Policy