Re: 60 day period

[David Collier-Brown <davecb@suncan.Sun.COM>]

Vince wrote:
> 
> 1)  INTA knows absolutely nothing about business on the internet.

   That's too strong: even when I'm planning to ``first, kill
all the lawyers'', I agree they know a lot about business, and
as much about the internet as many new adopters do.

> 2)  The waiting period is useless since by her own words courts already
> recognize that someone being infringed upon must act relatively quickly.

  Hmmn: it actually supports both pro and con conclusions... I'd
say that the person being infringed upon needs to act quickly, lest
they have difficulty demonstrating they take it seriously, and
based on that, the registry publication period merely restates an
existing situation. 
  This means that one can argue it's unnecessary, and Sally et all can
argue it's necessary that it be made explicit, and we so can argue
desirability as opposed to necessity, etc, etc...

  On the other hand, if there is a duty that the infringee act 
quickly, then one can argue that the IAHC needs to make it possible
for him to do so.  Or, more weakly, that the IAHC is acting in
his defense by preventing the putative infringer to do actual harm.

  I'd really like to see more arguements **for** the time period.
Sally, Karl, can you follow up on my question about previous use
of waiting or publication periods, and what they've done or
not done?  I don't want to conclude they're bad just because
no-one's laid out their good features.  After all, I independantly
suggested a waiting period of 30 days.  Please tell me it wasn't
a bad idea (:-))

> 3)  The only argument given for non-use was so that the domain applicant
> wouldn't become attached to the domain name.

  Well, its a bit stronger than that: I remember the cost of
re-doing our tradename from ``Trilium Technologies'' to ``Xanaro
technologies'' when we found that most U.S. residents thought
of **Atom Bombs** when they heard our name, rather than small white
flowers...
  That was painfull!

  The quality of the arguements about keeping the registries out of the
conflict resolution process are starting to weigh against the (and my!)
desire to prevent conflict...

> And as I have siad before, ANY attempt to - through registry policy -
> alleviate perceived problems in regard to points of law will severely
> backfire, one only needs to look as far as NSI to know this is so.

--dave
-- 
David Collier-Brown,  | Always do right. This will gratify some people
185 Ellerslie Ave.,   | astonish the rest.        -- Mark Twain
Willowdale, Ontario   | davecb@hobbes.ss.org, canada.sun.com
N2M 1Y3. 416-223-8968 | http://java.science.yorku.ca/~davecb