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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    Global Name Registry Response to Edelman Study | Log in/Create an Account | Top | 115 comments | Search Discussion
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    Re: GNR & Edelman study
    by Anonymous on Wednesday June 12 2002, @07:03PM (#7141)

    Ben's study is just one of many examples of how cybersquatters have been able to bend the rules to register names in violation of the rules. Ben has done his homework, and produced some good results. His research is helpful, and in light of the ICANN hearings, very timely. This stuff will be considered by the US DoC and Congress as they review ICANN's MOU agreement. Ben has also highlighted a situation where a registry, GNR, has clearly decided to change how it operates. GNR is not following its original agreement with ICANN for .name and it is treating .name as if it were an open TLD. This is wrong. Ben's work will force GNR to follow its mandate. You are wrong.
    [ Reply to This | Parent ]
    Standards of research and proof
    by edelman@law.harvard. on Friday June 14 2002, @06:59AM (#7175)
    User #884 Info | http://cyber.law.harvard.edu/edelman.html

    You raised a number of interesting points. Key among them, as I think about future work using generally similar methodology, is the question of how much research and verification is necessary to support an inference.

    You suggested, for example, that my listing of "rebecca.rebecca.name" does not, in and of itself, establish that this .NAME was registered by someone other than a person in fact named Rebecca Rebecca, or commonly known as such.

    You're certainly correct that I have not "proven" as much to an absolute certainty. And you're right that it would be difficult and costly to prove this, to an absolute certainty.

    But my goal wasn't to prove that any particular domain was absolutely and indisputably out of conformity with .NAME restrictions. Instead, my goal was to document a large number of domains that seemingly were likely not to conform to the rules. I've reported my raw data in a number of different formats, letting anyone interested examine the data for themselves. To me, the implication is quite clear -- Rebecca Rebecca may (conceivably, though I think unlikely!) be a person's actual or commonly-known name, but a decent portion of the names in my listings are not.

    Tabulating names by registrant also supports this inference. Take a look at .NAME Registrants with Most Nonconforming Registrations, with Listings of Registered Domain Names. Look at the 625 .NAMEs registered by Pascal Leemann-Pluot (the registrant with the most .NAMEs in my sample). He has names like bonaparte.napoleon.name, boogie.man.name, bossa.nova.name, box.office.name, brain.surgeon.name, brown.lady.name, bus.ratp.name, buy.discount.name -- and that's just a sample of the names that start with B. My own inference, based primarily on reading through this list of names, is that Mr. Leemann-Pluot is, in the overwhelming majority of his registrations, not in conformance with the .NAME registration requirements. Can I prove it to an absolute certainty? I suppose not -- maybe he has a friend who does call him "Buy Discount" on a frequent basis. But I doubt it.

    [ Reply to This | Parent ]

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