Re: [wg-review] [DNDEF] Analysis of "Domain Definition Poll" - Part I.

[Joop Teernstra <terastra@terabytz.co.nz>]

At 22:36 17/01/01 -0500, Sotiropoulos wrote:

>I would appreciate any comments, corrections, or points of dissension with 
>respect to the above analysis of my findings.
>Sotiris Sotiropoulos
>          Hermes Network, Inc. 
>

HelloSotiris,

Thank you very much for running this poll.
I filled it in myself, but I replied to many questions "other" because I
felt that the questions were not sufficiently unambiguous, or they were
leading.
For example the question: about conflating DN's Trademarks and Geographic
locations.I
++++++++
n answer to the question: 2. Should the issue of trademarks and geographic 
indications be conflated with Domain names?

16.00% (4 respondents) considered that domain names should be conflated
with trademark issues.  Of course, what is unclear (due to the general nature
of the question) is the degree of any such conflation, and its conditions.
The 
currently available data is not sufficient to base any conjectures in this 
regard.

52.00% (13 respondents) indicated that domain names should not be 
conflated with trademarks and/or geographic indications.  The similarity in 
number of respondents between the result for this question, and the 
equivalent result in question 1 (above) [i.e. in support of considering
them to 
be property] suggests two things:
First, that although domains were considered to be property, they were not 
(presumablybut not necessarily by the same people) considered to be 
trademark-type property by a traditional majority result. (i.e. 50+1 votes) 
Second, it leaves open the questions of what type of property (if that's what 
they are) domain names should be considered to be, as well as the issue of 
`ownership'.

16.00% (4 respondents) indicated that domain names should sometimes be 
conflated with trademarks/geography.  This indicates that applying 
trademark law in some, but not other instances, was a relatively unpopular 
option in this poll.  

8.00% (2 respondents) chose the "Don't Know" option, indicating further 
confusion regarding the ultimate or conditional status of domain names.

8.00% (2 respondents) chose the "Other" option.  If anybody on or about the 
WG *volunteers* the fee for the "comments" results of this unofficial, 
insecure poll, I would be happy to comply in presenting any input not 
currently available.
+++++++
This question is important enough to be reformulated and polled in the
Booth, where the comment line can be read by all.

I would prefer the question of geographic names to be polled separately.

You will get better answers then on the TM issue.

Respectfully,



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

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