Re: Thread 2: 60-day issue

[Joe Kelsey <joe@zircon.seattle.wa.us>]

Kent Crispin writes:
 > The difference is that it is no longer in the list of new domains 
 > being advertised for possible contention.
 > 
 > If you get a DBA you can do business using the name during the
 > publication period.  If you get a trademark you can do business using 
 > the name during the contention period.  There seems to be plenty of 
 > precedent for such a notion.

The difference is that a DBA applies to a LOCAL business and is granted
by a STATE government of the UNITED STATES OF AMERICA. You are trying to
take a local law and apply it internationally. If you insist on using
DBA as an example of an instant domain name, then your DBA will have to
be at least a 4LD: <dba>.com.<state>.us. (or maybe <dba>.com.us, but a
corporation still has to register *within* a state, so I don't really
see .com.us as happening any time soon.)  Nothing else makes sense as an
*instant* domain name.

I fail to understand how encouraging businesses to operate under sane,
reasonable *local* rules affects the course of a normal business. If a
business insists that they *require* a global presence, then they can
just wait for 60 days.

I have not heard any solid arguments from Karl or Kent or Chris or
anyone else against the 60-day period why it will restrain the average
business. The DBA argument is just plain silly as you are taking a local
law and trying to apply it globally. The only restraint I can see in the
60-day period is the restraint of greed it imposes on Karl who so
desperately wants to start his own .BIZ monopoly to compete with what
he perceives as the NSI .COM monopoly. Again, starting a new monopoly
does nothing to change the old monopoly. A 60-day period applying to
only 2LD's does not stop someone from getting a 3LD in one of Michael
Dillon's proposed 3LD-only domains or a 4LD (or 3LD) in an existing
geographic domain.

There is, as far as I can see, no provable restraint of trade in
requiring a 60-day waiting period, since perfectly valid alternatives
exist to circumvent the period.

/Joe