On Wed, 4 Dec 1996 12:55:05 +1000, gih§telstra.net wrote:

>I would like to see a fix which promotes DNS names into the 
>"authorative name space" such that a DNS name is its own
>authority, and does not require the (often conflicting) citation
>from other name authoritieis as a usurping derivation of authority
>for actions by third parties as appealants against DNAs.
>
>I'm sure it will not end out as simply as that, but this is a good
>starting position
>
>  Geoff

The first complication is that trade marks and service marks are a
legal recognition of a right to exclusive use of specific words
(and other things) in certain contexts.

Here's an example based on my very limited understanding of the relevant
law:
If 'foo' owns telstra as a trade mark for a beer, and 'bar' registers the
name telstra-beer.com.au, then anybody who uses telstra-beer.com.au in a way
that could cost 'foo' sales is liable.

<font size=1>
(Any resemblance to actual beverages is entirely coincidental.)
</font>

DNS is never going to be given a legal position beyond the ASC,
Consumer Affairs or trade mark lawyers.


>At 10:32 AM 4/12/96, George Michaelson wrote:
>>Although not exactly identical, AEWG had a brief spate of trying to get
>>a legal opinion out of the attorney general. It was a profoundly negative
>>process (from memory)
>>
>>I think this time round, the goal is different: DOCA are motivated (or need to
>>be) and the letter is presumably aimed at making them understand what kind
>>of legislative protection is needed to ensure this process doesn't freeze in
>>FUD.
>>
>>I'm still confused about which model is being proposed: Does the DNS become
>>self-defining under some protective law, or does the DNS become protected
>>by passing the issue to a higher authority (the law courts/arbitration) and
>>accepting the outcome, and because of THAT it gets protection under law, or
>>what?
>>
>>Is the letter just defining a problem space or proposing a fix?
>>
>>-George
>
>

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