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Re: Fallacy of hindsight again (was something else)



Vince Wolodkin writes:
> Carl Oppedahl wrote:
> > The beneficiaries of the waiting period are not only the (estimated by you)
> > 4,000 who would have had trademark challenges, but also the other 796,000
> > who (we can later say in hindsight) did not.  All of them turn out to have
> > had enhanced stability.
> 
> Well, as someone who registers domain names, I don't want your precious
> stability.  This is intrusive.  If I wish to do a trademark search and
> take my chances and I have lawyers, I don't think we need you or the
> IAHC telling us they know better than we do.  
> 
> Perhaps, since your internet experience is basically limited to those
> who have been shafted by the powers that be, you are a little to quick
> to bandage what to those of us who know better is merely a scratch.

A suggestion, which I expect will be ignored:

Carl is a skilled and competent lawyer who is far more versed in these
issues than I can ever hope to be.  I suspect the same holds true for
most people on this list; I further note that most of the lawyers on
the list are agreeing with Carl.  I thus suspect that Carl is
absolutely correct in saying that a 60 day wait period will reduce the
number of trademark disputes and generally have a beneficial effect.

OK.  Let's accept this.  Let's move on:  it seems to me that the
relevant question is whether the non-representative sample of domain
name owners on this list are willing to gain increased stability of
domain names in exchange for a 60 day waiting period.  I myself would
be, but it's pretty apparent that most of us aren't.  Let's accept
that, too -- I know it seems self-defeating to you, Carl, and no
doubt to others, but a certain degree of self-defeating activity is
part of the human condition.

I believe that the IAHC will take into account both the opinions of the
members of this list, and the opinions of other parties commenting
through other means, and reach a decision that will piss some people
off.  But that's unavoidable.  Regardless, is there really anything 
more to be said on this topic?

-- 
Bryant Durrell (sysadmin, cynic, coyote) | "well, it seems doable so we should
durrell@innocence.com / durrell@bofh.net |  do it.  if we can't then we should
http://www.innocence.com/~durrell        |  get no biscuits."  -- tim@meer.net