Re: Thread 2: 60-day issue

[Karl Denninger <karl@Mcs.Net>]

> 
> Karl writes:
> 
> >Publication is sufficient.  Why not design something similar to CURRENT
> >Trademark practice in the US?
> Maybe because we're dealing with the world, not the US... The ripple 
> effect of a name announcement takes far, far longer to reach the whole 
> world; lawyers are less reactive; snailmail crosses oceans by boat...

And the web doesn't.  Neither does a Usenet newsgroup.  The point (and
effect) of the Internet is to make the world SMALLER in terms of 
communication time, not larger!

USE THE TOOLS.

> >--> The domain issues immediately *just like a dba or corporate name*.
> >--> Publication occurs for, say, 60 days.  During that time period the
> >    domain name is CONTESTABLE.
> And what happens when the domain name is contested? Jane's 
> "betterfoodonline" (see Christopher's thread on Jane) finds itself in an 
> even worse situation than it had just had to wait for 60 days...

No.  You're wrong there.  Contesting a name doesn't automatically mean the
contestor has a point!  I can contest ANYTHING.  That doesn't mean I have a
snowball's chance in hell of winning on the merits.

> Later, Karl answers Carl:
> >What says that CONTESTING the name causes instant revocation?
> >No.  You need an injunction to get the name yanked during the 60 day
> >interval.  Just like in REAL LIFE if you want to stop someone from operating
> >a business down the street with a name you believe is infringing.
> >That's why we have COURTS Carl.
> Again, if we all lived in the USA, I would agree the 60-days *waiting* 
> period is useless. Since we don't, and information flows in slightly 
> slower ways, and courts work differently, and litigations are slower to 
> hop across borders, I believe it's a good proposal.

Why should 99% (actually more like 99.9%) of all domain registrants wait 60
days so that 0.1% of them can be contested?  

If we did this on a global scale there'd be no hunger, no crime, no anything
horrible in the world.  Of course you'd have nothing to eat or work with
either, since it would all be redistributed to cover that 0.1% possibility.

> And again, given proper Internet project management methods, I don't 
> believe it can really slow down  business-critical projects.
> 
> -------------------------------------------
> Daniel Kaplan         dkaplan@terra-nova.fr

Who says you (or the IAHC) get to define business launch and expansion plans?

For an industry that is only REALLY a couple of years old, 60 days is an
ETERNITY!

--
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