Subject: GA-DIGEST V1 #175
From: [email-masked] (GA-DIGEST)
To: [email-masked]

GA-DIGEST          Tuesday, October 31 2000          Volume 01 : Number 175

----------------------------------------------------------------------

Date: Sun, 29 Oct 2000 19:49:17 -0500 (EST)
From: James Love <[email-masked]>
Subject: Re: [ga] An open letter to Louis Touton

Hi John.  What "right" would anyone infringe?  Jamie

On Sun, 29 Oct 2000, John Palmer wrote:

> Mr. Touton,
> 
> This is to inform you that AGN Domain Name Service, Inc is asserting legals rights to the top level domains .USA, .EARTH and .Z. 
> 
> We have operated a registry for these top-level domains since late 1995. If you check the famous "Postel List", you can see that we were one of the first applicants for new top level domains in late 1995. At that time, we established our registry and have been in operation since that time taking registrations in .EARTH and .USA. In March of 1997, we added the .Z top-level domain. 
> 
> ADNS disagrees with the direction that ICANN is taking the Domain Name System and we do not choose to participate in the ICANN process. Instead, we are
> supporting alternative root server networks and will continue to do so.
> 
> Although none of our three top-level domains have been entered into the ICANN application process at this time, we would like to inform you that we are
> asserting legal ownership of these top level domains. Any attempt to add them to the ICANN controlled root zone under the control and ownership of 
> any other party will be considered by ADNS to be an infringement of our legal rights and we will take appropriate action. For ICANN to assign these
> top-level domains to another party in the ICANN root would dilute our service mark and damage our company financially. In addition to this, it would also
> fragment the internet as there would be two different versions of the same top-level domain.
> 
> In spite of Ms.Dyson's claim, alternative root networks take great care not to allow fragmentation by allowing competing versions of top level domains into their root zones if they are already in existence in another root zone. We would expect ICANN to take the same care and consideration to avoid fragmentation. There is room for all of us on the internet. Please respect our rights to operate our business and respect the rights of alternative root networks. 
> 
> If you have any questions, you can contact me by e-mail. You may consider this an "open letter" and can publish it if you wish.
> 
> John P. Palmer
> President
> AGN Domain Name Service (ADNS), Inc.
> Chicago, IL
> 

- --------------------------
James Love, Consumer Project on Technology, http://www.cptech.org
[email-masked], v. 1.202.387.8030, f 1.202.234.5176

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Date: Sun, 29 Oct 2000 18:56:47 -0800
From: "William X. Walsh" <[email-masked]>
Subject: Re[2]: [ga] An open letter to Louis Touton

Hello James,

Sunday, October 29, 2000, 4:49:17 PM, you wrote:

> Hi John.  What "right" would anyone infringe?  Jamie

His fictitious "property right" claim to the TLDs.

The letter was good for a weekend chuckle.

- -- 
Best regards,
 William                            mailto:[email-masked]

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Date: Sun, 29 Oct 2000 22:20:28 -0800 (PST)
From: Rick H Wesson <[email-masked]>
Subject: Re: [ga] Draft agenda

Roberto,

Did the Multilingual Testbed make it onto the DNSO Agenda? Where is the
Agenda posted?

thanks,

- -rick

On Thu, 19 Oct 2000, Pisanty Baruch Alejandro-FQ wrote:

> Dear Harald,
> 
> good proposal; I'll agree since it makes sure the issues are studied,
> even if cursorily. I also second Rick's re iDNS.
> 
> Alejandro Pisanty
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
>      Dr. Alejandro Pisanty 
> UNAM  -  Educacion Abierta y a Distancia
> Av. Universidad 3000, 04510 Mexico DF Mexico
> Tel. (+52-5) 622-8713, 622-8633 Fax 550-8405
> 
> http://www.cuaed.unam.mx
> ---->> Unete a ISOC Mexico, www.isocmex.org.mx, www.isoc.org
> =====>>> Participa en ICANN, www.icann.org
> ---->> Internet y Sociedad? www.istf.org
> .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .  .
> 
> 
> 
> 
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------------------------------

Date: Mon, 30 Oct 2000 11:19:55 -0500
From: "Dennis Schaefer" <[email-masked]>
Subject: Re: [ga] An open letter to Louis Touton

Greetings, John  --

Re:  "...  the ICANN root would dilute our service mark and damage our
company financially..."

As the first manager of the EARTH TLD, are you claiming  a service mark for
any and all registered
names in your domain (e.g., NBC.EARTH)? Or just  for EARTH?  Or are  you
claiming that ICANN's action constitutes damage to your company's name
(ADNS), even though the damage doesn't originate in ICANN's use of that
service mark?

Any one of these seems like a potentially scary extension of trademark law
over free speech (which has
fallen onto pretty hard times under ICANN).

In spite of this, I'm sympathetic.   ICANN's action with respect to
pre-registration demonstrated
that ICANN intends to operate as global governing body -- free of the usual
restraints imposed by civil
liberties, due process, ... yatta yatta.

Regards,

- -----Original Message-----
From: James Love <[email-masked]>
To: John Palmer <[email-masked]>
Cc: [email-masked] <[email-masked]>
Date: Sunday, October 29, 2000 8:45 PM
Subject: Re: [ga] An open letter to Louis Touton

>
>Hi John.  What "right" would anyone infringe?  Jamie
>
>On Sun, 29 Oct 2000, John Palmer wrote:
>
>> Mr. Touton,
>>
>> This is to inform you that AGN Domain Name Service, Inc is asserting
legals rights to the top level domains .USA, .EARTH and .Z.
>>
>> We have operated a registry for these top-level domains since late 1995.
If you check the famous "Postel List", you can see that we were one of the
first applicants for new top level domains in late 1995. At that time, we
established our registry and have been in operation since that time taking
registrations in .EARTH and .USA. In March of 1997, we added the .Z
top-level domain.
>>
>> ADNS disagrees with the direction that ICANN is taking the Domain Name
System and we do not choose to participate in the ICANN process. Instead, we
are
>> supporting alternative root server networks and will continue to do so.
>>
>> Although none of our three top-level domains have been entered into the
ICANN application process at this time, we would like to inform you that we
are
>> asserting legal ownership of these top level domains. Any attempt to add
them to the ICANN controlled root zone under the control and ownership of
>> any other party will be considered by ADNS to be an infringement of our
legal rights and we will take appropriate action. For ICANN to assign these
>> top-level domains to another party in the ICANN root would dilute our
service mark and damage our company financially. In addition to this, it
would also
>> fragment the internet as there would be two different versions of the
same top-level domain.
>>
>> In spite of Ms.Dyson's claim, alternative root networks take great care
not to allow fragmentation by allowing competing versions of top level
domains into their root zones if they are already in existence in another
root zone. We would expect ICANN to take the same care and consideration to
avoid fragmentation. There is room for all of us on the internet. Please
respect our rights to operate our business and respect the rights of
alternative root networks.
>>
>> If you have any questions, you can contact me by e-mail. You may consider
this an "open letter" and can publish it if you wish.
>>
>> John P. Palmer
>> President
>> AGN Domain Name Service (ADNS), Inc.
>> Chicago, IL
>>
>
>--------------------------
>James Love, Consumer Project on Technology, http://www.cptech.org
>[email-masked], v. 1.202.387.8030, f 1.202.234.5176
>
>--
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------------------------------

Date: Mon, 30 Oct 2000 21:37:07 +0100 (MET)
From: "Roberto Gaetano" <[email-masked]>
Subject: [ga] GA Chairman election

Hi.

As you know, my term will finish at the end of the year, and the 
mechanism for the election of my successor is, according to the ICANN 
Bylaws (Article VI-B, Section 2(i)) via a vote of the Name Council.

I believe that the situation has been changed since this article has 
been written, and that the GA should have the right of electing its own 
Chairman.

What do you think?

Regards
Roberto
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------------------------------

Date: Mon, 30 Oct 2000 22:00:56 +0100 (MET)
From: Mikael Pawlo <[email-masked]>
Subject: [ga] Fuzz about Froomkin

In Sweden there's now great fuzz about Michael Froomkins Beware the ICANN
Board Squatters:
http://personal.law.miami.edu/%7Efroomkin/boardsquat.htm

I haven't heard much about it from my international colleagues. Is this
because you haven't read Mr Froomkins paper or do you just not consider it
interesting?

I would appreciate your views on this - in my opinion - highly interesting
subject.

Regards

Mikael

_________________________________________________________________________

  ICQ:35638414                                mailto:[email-masked] 
  +46-709-179012                              http://www.pawlo.com/

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------------------------------

Date: Mon, 30 Oct 2000 22:35:47 +0100 (CET)
From: Marc Schneiders <[email-masked]>
Subject: Re: [ga] GA Chairman election (fwd)

On Mon, 30 Oct 2000, Roberto Gaetano wrote:

> As you know, my term will finish at the end of the year, and the 
> mechanism for the election of my successor is, according to the ICANN 
> Bylaws (Article VI-B, Section 2(i)) via a vote of the Name Council.
> 
> I believe that the situation has been changed since this article has 
> been written, and that the GA should have the right of electing its own 
> Chairman.
> 
> What do you think?

I second this. Externally appointed chairs do not fit into ICANN's
consensus-based bottom-up transparent way of operating.

- -- 
Marc Schneiders (rest in header)

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Date: Mon, 30 Oct 2000 16:43:35 -0800
From: "JandL" <[email-masked]>
Subject: Re: [ga] GA Chairman election

Absolutely.  The GA should elect its Chairman.

Leah Gallegos

> Hi.
> 
> As you know, my term will finish at the end of the year, and the
> mechanism for the election of my successor is, according to the ICANN
> Bylaws (Article VI-B, Section 2(i)) via a vote of the Name Council.
> 
> I believe that the situation has been changed since this article has
> been written, and that the GA should have the right of electing its
> own Chairman.
> 
> What do you think?
> 
> Regards
> Roberto
> --
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------------------------------

Date: Mon, 30 Oct 2000 16:52:55 -0500
From: "Dennis Schaefer" <[email-masked]>
Subject: Re: [ga] GA Chairman election

Hi Roberto

Since the Names Council consists of the representatives
of an unrepresentative and business-dominated group
of constituencies, the GA should be as open as possible
to people with no voice in the Names Council.

Your suggestion is a great one.

If your thought is to entertain a motion requesting the GA to pass a
resolution requesting the NC
to modify the by-laws immediately, I'll be glad to
make the motion.

>Dennis Schaefer
- ----- Original Message -----
From: "Roberto Gaetano" <[email-masked]>
To: <[email-masked]>
Sent: Monday, October 30, 2000 3:37 PM
Subject: [ga] GA Chairman election

> Hi.
>
> As you know, my term will finish at the end of the year, and the
> mechanism for the election of my successor is, according to the ICANN
> Bylaws (Article VI-B, Section 2(i)) via a vote of the Name Council.
>
> I believe that the situation has been changed since this article has
> been written, and that the GA should have the right of electing its own
> Chairman.
>
> What do you think?
>
> Regards
> Roberto
> --
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> Send mail to [email-masked] to unsubscribe
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------------------------------

Date: Mon, 30 Oct 2000 13:57:48 -0800 (PST)
From: Rick H Wesson <[email-masked]>
Subject: Re: [ga] GA Chairman election

On Mon, 30 Oct 2000, Roberto Gaetano wrote:

> the GA should have the right of electing its own 
> Chairman.

I second Roberto's suggestion.
 
> What do you think?

how do we go about electing someone?

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Date: Mon, 30 Oct 2000 18:19:16 -0500
From: Kendall Dawson <[email-masked]>
Subject: Re: [ga] GA Chairman election

I thought that this is what they set up @Large Membership for...

At 01:57 PM 10/30/2000 -0800, you wrote:

>how do we go about electing someone?

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------------------------------

Date: Tue, 31 Oct 2000 14:00:19 +1300
From: Joop Teernstra <[email-masked]>
Subject: [ga] Motion to prepare for Chair elections [was: GA Chairman election]

At 21:37 30/10/00 +0100, Roberto Gaetano wrote:
>Hi.
>
>As you know, my term will finish at the end of the year, and the 
>mechanism for the election of my successor is, according to the ICANN 
>Bylaws (Article VI-B, Section 2(i)) via a vote of the Name Council.
>
>I believe that the situation has been changed since this article has 
>been written, and that the GA should have the right of electing its own 
>Chairman.

Dear Roberto,

Without a Chair, the GA cannot act at all. With an appointed Chair, it has
proven to be powerless as well.
But as current Chair, you can process a motion to

1. Create a voters' roll for the GA (publish the names, but not the email
adresses on the DNSO website)
2. hold elections for Chair as soon as this roll is established, so that a
new Chair can take his place as your term expires.
3. petition the Board for a Bylaw amendment that will give such a GA
elected Chair a legitimate role.

I am herewith making such a motion.
Any seconds?

- --Joop Teernstra LL.M.--  
the Cyberspace Association and 
the constituency for Individual Domain Name Owners
http://www.idno.org  

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End of GA-DIGEST V1 #175
************************