Re: Using crypto to solve a part of the DNS/TM mess

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William H. Geiger III (whgiii@openpgp.net)
Tue, 02 Mar 1999 11:06:15 -0600


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In <199903012339.XAA04056@server.eternity.org>, on 03/01/99
   at 06:39 PM, Adam Back <aba@dcs.ex.ac.uk> said:

>I think the only answer is to keep it very simple. Create a ".corp" play
>pen for the corporates and their lawyers to play in, and declare the rest
>officially first come first serve. Also there should be clear defined
>rules for expiry. Ownership of a domain should not require a street
>address, or real name.

I only see this as a partial solution (might even be a bad one as it would
establish the precedent of supporting trademarks in DNS).

I wrote on this around this time last year, most likely on the CP list.
Part of the problem we have here is that a trademark does not give on
exclusive rights to use a name. Let's take the example of Windows(tm) by
Microsoft(tm). Now Microsoft has a legitimate trademark for Windows which
is the name of their operating system. My understanding is that in the
countries where they have this trademark no one else can use the Windows
name for another Operating System. This does *not* limit the use of
Windows for a variety of products that are not Operating Systems (ie if I
produce Windows(tm) Brand windows Microsoft has no claim against me).

Now lets move into the realm of domain names. I, as a window manufacture,
establish the domain www.windows.com why should Microsoft be able to place
any trademark claims against me? We both have trademarks for two separate
products with the same name. Also how far should trade mark rights go? If
Microsoft is allowed to claim www.windows.com is theirs because of their
trademark what about www.windows.net, www.windows.uk,
www.windows-blows-and-bill-gates-sucks-eggs.org?

Does the holder of a trademark have exclusive rights to any possible
domain name that uses their trademark? worldwide??

It only takes a few minutes of study to see how silly this whole issue is,
and how seriously broken our judical system, federal government, and UN
(the evil of all evils) really are.

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William H. Geiger III http://www.openpgp.net
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The following archive was created by hippie-mail 7.98617-22 on Sat Apr 10 1999 - 01:18:49