Re: PRIOR USE (was_Re: Now it's .xxx)

[Infobahn Consulting <infobahn@squall.mgl.ca>]

On Sun, 21 Sep 1997, World TeleVirtual Network wrote:

> I, Bob Allisat, wrote:
> >>  Also suggest you look for PRIOR USE
> >>  of .XXX and .SEX. You may find your
> >>  humble asses in court should you
> >>  barrel on as you have in the case
> >>  of .WEB and .ART (both of which are
> >>  the rightful claim (o)f other groups).
> 
> Bryan Trussler replied:
> >I don't dispute that these may be claimed by some other group, but
> >"rightful" hardly enters into the equation. I sincerely hope that
> >whichever agency carries out this expansion of the TLD system does not
> >permit these cybersquatters from interfering with progress. Of course they
> >knew what risk they were taking in straying outside the sanctioned limits
> >-- the risk is that they will stay marginalised. That is exactly what has
> >become of them and what should become of them in the future. Their
> >marginalisation is proof that the system is working and proof of the
> >world's level of commitment to preserving the unity of the Net. There must
> >be no precedent set now in these cases -- they must be deliberately and
> >systematically ignored. Otherwise, the IANA or whatever successor body
> >takes over Internet governance will be in the position of rubberstamping
> >whatever corny new gtld some numbered company in a filing cabinet
> >someplace decides to create and foist on us.
> 
>  Just as in  any other field or realm one
>  must respect names, acronyms and trademarks
>  in previous use to any system of regulation.

Well, I hate to break this news to you, but there's a billion people
inhabiting the New World today who got here by ignoring "prior use" claims
on the continents. Louis Riel got hung for standing up for those rights.

But this is *not* a parallel situation. Authority for Internet
nomenclature was vested in the IANA. All TLD registries derive their
authority for issuing names ultimately from this body, including NSI.
There is no registry with authority that predates the IANA. Therefore, no
one can claim prior use over any TLD. What I mean is: the IANA has
ultimate authority over the use of .sex and it has not chosen to permit
use of this TLD yet. It has claim over all TLDs, both spoken and unspoken
-- there is no TLD you can dream up that the IANA does not have prior use
claim over.

>  While .ART and .XXX may, one day, be shared
>  in the form of distributed registries (a la
>  Higgs) currently there are strong claims
>  already registered to both. That there may

By groups with no legal claim to these names or authority over them.
You're missing the point: there are no claims that can predate a system of
regulation because the system for regulation predates everything else.
Just because the IANA has chosen not to act until now does not invalidate
its ultimate authority.

>  be more parties interested in participating
>  may be apparent. Ignoring the people who
>  originally stepped forward will be done at
>  the peril of whichever organization is silly
>  enough to take such precipitous actions.

Right. And these groups (.sex or .xxx or .art) ignored "the people who
originally stepped forward" (the IANA, NSF, ISO et al) and they have done
so at their peril by being silly enough to take such precipitous actions.
So tough luck.

>  IAHC and now this dumn Memroandum. Which,
>  no matter how many signatories it garners,
>  cannot erase PRIOR USE claims.

No need to erase them -- they do not have any existence in the first
place.

>  Case in point: I suggest no-one claim or
>  utilize .FCN or .WTV as Top Level Domain
>  Registries. Not without my participation
>  or approval that is. I lay claim to both
>  and wll defend my legitimate interests in
>  whatever legal manner afforded to me. And

Is there a queue? .... ;->

>  my motives are *not* that of profit or
>  exploitation but of service and purpose.
>  No responsible person or entity should
>  usurp legitimate claims of PRIOR USE.

Don't worry -- no one is usurping anything legitimate.

Bryan Trussler
(bryan@i-bahn.com)

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