Re: [ga-roots] How the sky might fall

[Jeff Williams <jwkckid1@ix.netcom.com>]

Joanna and all,

Joanna Lane wrote:

> on 6/5/01 10:52 PM, Jeff Williams at jwkckid1@ix.netcom.com wrote:
>
> >> A mandatory clause that will assign all rights to ICANN for
> >> reassignment to the data and all other "intellectual and other
> >> property" which may be required to continue the stable continued
> >> operation of the registry.
> >
> > As ICANN is a non-profit company I don't believe this would be
> > legal and certainly not appropriate.
>
> Not to mention that I have not granted rights of assignment to my data in
> the registry database. You can't do that.

  Of course you are correct here Joanna.  And I assume you are talking
about Whois data?  If so, than this is a central issue that needs to be dealt

with as well.  The US Congress has two bills before it in committee
dealing with this very issue.  The COE has issued it's regulation on this
issue already which I posted to the DNSO GA list two weeks ago.
WXW's thought to which I responded to is likely (Hopefully? ) on that
was a bit rushed or not very well thought out before he made it...
For ICANN to assume responsibility for "all rights to ICANN for
 reassignment to the data and all other "intellectual and other
property" which may be required to continue the stable continued
operation of the registry.", as WXW puts it, they would need the
expressed written consent of all registrants of those data Records
fro each Domain registered before they could do this, unless
the registrant "Opted-out" of such a requirement at the time they
registered their Domain Name in that TLD address space under
the COE requirements, and possibly so under the bill to which
Sen. Hollings of the commerce committee has before his committee,
of which as of today, he has become the Chair of, BTW....  My guess
is the even despite such a registrant agreement at the time of registration
of their Domain Name in that TLD Name Space in the US anyway, such
a clause in any registrant agreement would not be enforceable under law.
This would open ICANN up to a potential series of legal disputes which
is most likely doesn't want, and surely doesn't need.  Hence I can find no
"Finding in Fact" that WXW's hurried suggestion has reasonable credence.

>
>
> Regards,
> Joanna
>
> >>
> >> --
> >> Best regards,
> >> William X Walsh
> >> mailto:william@userfriendly.com
> >> Owner, Userfriendly.com
> >> Userfriendly.com Domains
> >> The most advanced domain lookup tool on the net
> >>
> >> --
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> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 118k members strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail jwkckid1@ix.netcom.com
> > Contact Number:  972-447-1800 x1894 or 214-244-4827
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
> > --
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> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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