Re: Thread 2: 60-day issue

[Kent Crispin <kent@songbird.com>]

Perry E. Metzger allegedly said:
> 
> 
> Christopher Ambler writes:
> > First off, I should echo Kent's comments that the 60-day period would
> > apply to only a seriously small percentage of domains,
> 
> I'd guess over 99% of contracts are never contested. Why do we bother
> to write them down? Aren't written contracts just a "hassle" we
> could do without?

If the contracts in question are almost never exercised, and there are
fairly good legal procedures and precedents that handle the case
anyway, yes indeed they are just a hassle we can do without.  The
claim made by Carl Oppedahl in the position paper he pointed me to
<http://www.patents.com/nsi/iip.sht> is that following the precepts in
RFC 1591 would essentially solve the trademark problem.  The 60 day
wait gives some prehaps some hypothetical small incremental additional
help, but not much. 

*Nobody* has claimed that the 60 day wait will *solve* anything.  The
best claim is that it *may* help, in some fraction of the 1% of the 
cases that involve trademark disputes.

> The vast majority of wills are simple. Why have a will at all?

Well, Perry, if you don't, the consequences are really grave.  
Cracking a smile there, are you now :-)

> >   Joe's Grocery owns (for example) buyfoodonline.com, which they have
> > had for over a year now.
> [...]
> >   Jane's Grocery sees this and realizes that because of a great idea
> > that Jane had last night, she could do it much much better. She
> > applies for betterfoodonline.biz, but is told that she cannot use
> > it for 60 days.
> 
> If you can actually set up an on line grocery delivery business
> complete with payments from inception to full rollout in substantially
> less than 60 days, you shouldn't be trying to enter the registry
> business -- you should be doing systems contracting.

This is not a good example, true.  But one of my clients moved his
consulting business onto the net in a very short time -- a couple of
weeks.  I was able to get another online business going in less than a
month, and a lot of that setup was greatly facilitated by the fact
that we got the domain name within a few days. 

In any online business getting your online presence in order is a big 
part, and a lot of other stuff can get backed up behind it...

-- 
Kent Crispin				"No reason to get excited",
kent@songbird.com,kc@llnl.gov		the thief he kindly spoke...
PGP fingerprint:   5A 16 DA 04 31 33 40 1E  87 DA 29 02 97 A3 46 2F