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    This discussion has been archived. No new comments can be posted.
    RegistryPro Launches the Infamous "Sunrise Period" for .PRO | Log in/Create an Account | Top | 24 comments | Search Discussion
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    Re:Clarification
    by michael (froomkin@lawUNSPAM.tm) on Wednesday May 07 2003, @10:41AM (#11585)
    User #4 Info | http://www.discourse.net/
    I think it is unreasonable -- to the point where a judge should so find as a matter of law -- to read in an assertion of implicit geographic certification to a .pro registration. The TLD hopes to be worldwide eventually. Even if it only covered the US, people would be on notice that it covered more than their state. The onus is on users to avoid misleading statements, not on the TLD. Saying "X is a professional according to some jurisdiction somewhere" is a long way from saying "X is admitted in your state". By your logic, the American Bar Association coulding issue membership cards without state IDs on it -- yet it does.

    But suppose I'm wrong about that: would a jury find as a matter of fact that a reasonable person would be misled? I really doubt it. Juries are smarter than you think...

    [ Reply to This | Parent ]
    Re:Clarification by michael
    Re:Clarification
    by KarlAuerbach on Wednesday May 07 2003, @07:50PM (#11587)
    User #3243 Info | http://www.cavebear.com/
    I perceive .pro as holding itself out as a directory of "professional" services that have been vetted by the .pro operators to be "professionals". In other words, .pro very much appears to be trying to act as if the .pro suffix is some sort of endorsement of quality and capability by those who hold names in .pro.

    That is quite a different thing than the ABA - it does not try to be a directory. If there is any sort of endorsement of quality with the ABA it is a secondary purpose, not a primary one as seems to be the case in .pro.

    Consumers are pretty stupid about checking credentials - even Jon Postel and ICANN appear to have hired people who do not have proper credentials to practice law in the jurisdiction in which those services were solicited and rendered.

    I agree with you that these questions need to be hashed out in concrete circumstances - but if I were .pro, or more particularly if I were issuing insurance to .pro, I'd be very concerned about the downside risk.

    (By-the-way, I've seen - and been on - some pretty stupid juries. ;-)
    [ Reply to This | Parent ]


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