Re: [ga] Help with research into domain reregistration - submit examples of unrelated reregistrations

[Kent Crispin <kent@songbird.com>]

On Sat, Apr 13, 2002 at 10:14:42PM -0400, John Berryhill wrote:
> 
> > In other words: harm exists independent of anything to do with the law.
> > Lawyers do tend to forget that.
> 
> The point is that I am hard-pressed to understand whether there is more harm
> in having a recycyled domain name used for the same type of business or for
> some other business.

It obviously depends entirely on the circumstances.  And, forgive me,
but your question is once again simply weighing different legal
categorizations - you obviously completely missed my point. 

Let me try again:  Independent of any legal determination whatsoever, 
someone could use a domain name in a way that would cause harm to 
another.   It could cost them lost business, it could damage their 
reputation, whatever.  That harm exists whether a court is involved or 
not. 

If that person goes to court, and wins a legal determination that 
"harm" has occured, that is a different thing.  We can discuss the 
various legal mechanisms through which that determination of "harm" was 
made, or the various legal theories that define what "legal harm" might 
be, but there is a more direct and basic notion of "harm" that can be 
used as well.

My reading of the situation is that Ben doesn't at this point need
legally precise instances of "harm" for his purpose, and in fact, legal 
definitions of "harm" would almost certainly be too restrictive.

[...]

> And, as far as your personal characterization of how people in various
> occupations view the world, Kent, I was an engineer long before I ever
> thought of being a lawyer.  So you can can the lawyer bashing garbage.

I should have used a smiley.  Do recall that Songbird hosts the IPC web 
site; some of my most esteemed and valued friends and coworkers are 
lawyers.  

-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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