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Re: [wg-c] Avery-Dennison decision and new gTLDs



At 02:39 PM 8/27/99 , Milton Mueller wrote:
>not even being made in a legislative arena. How could a judge in a federal 
>court be
>expected to know:
>
>a) that technically, there is no obstacle to thousands of new gTLDs
>b) that .com was automatically filled in by browsers, but that this could 
>be done
>away with with the release of new versions
>c) that numerous naming technologies are in the works that could alter the
>"special" status of dot com in the medium term.
>d) that ICANN is currently considering new gTLDs?

Besides the obvious answer that litigants provide lots of data, judges do 
their own research.  When the topic is technical, they tend to come up to 
speed on their own and they tend to do astonishingly well..

Items a and b and d on your list are not all that tough to find out, if one 
wants to.

Besides that, item c) on your list has been a fact of life for 15 years and 
has yet to be even slightly relevant to the primary functions performed by 
the DNS.

> > The sweeping assertion of incompetence is probably based on a tiny sampling
> > of the population of judges and, further, is a questionable assessment even
> > of that tiny sampling.
> >
> > That is why I expressed an interest in the BASIS rather than just relying
> > on the conclusion.
>
>In general, your comments seem to be based more on animosity toward their
>originater them than on any substantive issue.

Interesting.  You go to an assessment of intent rather than respond to the 
content, namely the basis of your conclusion.  It was a sweeping 
conclusion.  What was your methodology for deriving it?

d/

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