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    This discussion has been archived. No new comments can be posted.
    ICANN's Creation of more sponsored TLDs | Log in/Create an Account | Top | 27 comments | Search Discussion
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    Yep
    by Anonymous on Saturday December 07 2002, @09:21PM (#10470)

    Yep, the burden of proof would seem to be on the accusers.

    1) Prove that .web registrants are speculators.
    2) State chapter and verse that explains that speculating is illegal, in the event that a given .web registrant IS speculating.
    3) Provide a legitimate reason to void current registrations.
    4) Provide legal precedent for a database erasure.
    5) Provide precedent in policy for a database erasure.
    6) Find within ICANN's bylaws the chapter and verse that explains that ICANN reserves the right to nullify registrations, en masse, of another party's (i.e. registry's) client base -- particularly as relates to good faith registrations of generic domains.

    Indeed, the burden of proof is upon those demanding a database erasure. The burden is not upon registrants to explain their registrations.

    Given that the respective .web domains were registered in good faith and in accordance with the registry's Terms of Agreement, who will compensate registrants for the voidance of their domains?

    ICANN and IOD can expect to be held liable for invalid deletions of registrations.
    Furthermore, given the fact that XYZ.web was legitimately registered and the domain was comandeered by a NEW registrant, the NEW registrant might very well be open to a lawsuit for possessing something illegitimately and illegally.

    Additionally, anyone who goes on the record to accuse another of speculating in the aftermarket with his .webs, is open to liable and slander charges in the absence of evidence.

    Erase the database? Just try.




    [ Reply to This | Parent ]
    Yep by Anonymous
    Re: Yep
    by Anonymous on Saturday December 07 2002, @09:26PM (#10471)

    Not to mention that IOD took registrations under the direct sanction and direction of IANA in 1996 as part of the first TLD application process, ultimately abandoned.

    That would seem authority enough, if IOD actually HAS TO have the authority of another entity simply to open up shop -- which, of course, it does not.

    [ Reply to This | Parent ]
    wow...
    by Anonymous on Sunday December 08 2002, @10:58AM (#10485)
    it's simply amazing to find that people are stupid enough to complain about others registering their desired domains before them, and protest that the database should, therefore, be erased...

    ever go to a store to find that what you wanted was sold out? does that mean that everyone who got there before you and bought one should be stripped of it so that you can have an equal chance?

    you've got a nice car there. i want it. you have to forfeit it so that we have an equal chance at obtaining ownership.

    how about message boards like this one? should i have the database erased so that i can get your user name? and if i can, what's to stop me from having you erased so that i can have an equal shot at your name, or, better yet, your entire life?

    and who's to stop someone else from following in my footsteps and erasing everything for their purposes? face the facts: if .web database is erased, everything else in recorded history becomes free game, too. and if that's the case, i get first dibs on inventing the light bulb... or is that unfair, as well, because you want to invent it and i spoke up first?
    [ Reply to This | Parent ]


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