Re: 60 day waiting period.... a suggestion ...

[Paul Ezra Kautz <pek@iu.big-island.va.us>]

>At 06:01 PM 12/21/96 -0600, Christopher Sevcik wrote:
>>60 day wait prevents and limits that potential.

Carl Oppedahl responded:
>No, not at all.  You can still set up a third-level domain in ten minutes,
>simply by adding a domain to a second-level domain.

As I believe Mr. Svensson said, if this the goal of the waiting 
period is to encourage depth, state it as such. I would support
such an intent (the means, however, are dubious).

>In other words, the present regime is terribly flawed.
[...]
>I sort of don't like the 60-day period either, but the balance can't be
>ignored.  Under the proposed policy, you would be free of the shadow over
>your business that comes from NSI's terribly flawed policy.  Instead, you

This is the wrong attitude. It reminds me of the movie "Bananas,"
when the rebel leader declares that the new national language of
liberated San Marcos is Swedish and that everyone has to wear
their underwear on the outside. Sure, it beats the old regime, but
that doesn't mean it's necessary.

>get a pretty warm fuzzy feeling that if you signed up for a domain name,
>and if you aren't infringing anybody's trademark, then probably nobody can
>take the domain name from you.  [...] Under the proposed policy,
>if someone with a meritless claim were to go to a court, the judge is going
>to look at them and say, "where were you during the 60-day period?  If it's
>so important, then why did you wait until now to complain?"  The judge is
>going to be inclined to protect the status quo, namely you.

Step back a moment. Whom are you trying to protect?

If the owner of a domain is not infringing anything, then they
don't need to be stopped. If the owner of a domain IS infringing,
then they should be stopped. Either way, the court will be the one
to make the decision.

Whether one acted during the waiting period is irrelevant to whether
there is an infringement. A waiting period does nothing to help the
justice; it is completely pointless as chartered.

Paul Kautz