[governance] DNS [Property or Public Good]

[Karl Auerbach]

I'm doing this on an ipad so please excuse it being terse...

I am not suggesting that we avoid notions such as control or alienabiliy or the right to exclude others..  Rather I am simply suggesting that we stay away from culturally loaded words such as"property".   I would prefer that we use the concept of the rights and duties that arise rather than bundling all that under the ambiguous word "property".

    --karl--

> On Apr 1, 2014, at 12:46 PM, Mawaki Chango <kichango at gmail.com> wrote:
> 
> 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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