[governance] DNS [Property or Public Good]

Jeanette Hofmann jeanette at wzb.eu
Sat Mar 29 06:13:51 EDT 2014


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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