[governance] DNS [Property or Public Good]

[Mawaki Chango]

Hi Jeanette, Karl:

So you've made the case for avoiding the concept of "property," indeed for
its inadequacy, wrt the DNS. What about the other side of the coin? Can the
DNS be considered a public good? That is, the DNS as lnternet logical
infrastructure --not his or that gTLD or this or that domain name.
Thanks,

Mawaki


On Sat, Mar 29, 2014 at 10:13 AM, Jeanette Hofmann <jeanette at wzb.eu> wrote:

> Hi Karl,
>
> +1
>
> The term property suggests a totality and uniformity of ownership that in
> practice often turns out to be wrong. Ownership is always subject to
> conditions and those may vary across and time and political/juridical
> cultures. This also means that exclusive rights and obligations are not
> fixed forever but are negotiable.
>
> jeanette
>
> Am 29.03.14 02:26, schrieb Karl Auerbach:
>
>  On 03/28/2014 06:17 PM, Salanieta T. Tamanikaiwaimaro wrote:
>>
>>    1. Is the DNS property or public good?
>>>
>>
>> The word "property" is very heavily overloaded by cultural and legal
>> context.
>>
>> I find it much better to avoid that word altogether and rather to
>> consider the collection of rights and obligations that person X has to
>> thing Y.
>>
>> For example, with regard to domain names X could be the registrant and
>> X's rights include the right to delegate name servers, to sub-delegate,
>> etc.  While the obligations might include paying fees, providing contact
>> information, etc etc.
>>
>> Same for registrars - they have certain rights and obligations with
>> regard to that same domain name (from the prior paragraph above) such
>> acting as the intermediary to a registry, etc etc.
>>
>> Some people may consider those contractual things.  But to me that is
>> merely a difference in words without real difference in substance.
>>
>> I suggest, therefore, that in discussing these sorts of things that we
>> can avoid a lot of miscommmunication by avoiding the difficult word
>> "property".
>>
>>         --karl--
>>
>>
>>
>
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