DNS: the .web lawsuit against IAHC - let the record speak (fwd)

DNS: the .web lawsuit against IAHC - let the record speak (fwd)

From: Skeeve Stevens <skeeve§skeeve.net>
Date: Sat, 1 Mar 1997 21:35:45 +1100 (EST)
From: Gordon Cook <cook&#167;netaxs.com>
Subject: the .web lawsuit against IAHC - let the record speak


I think the record speaks pretty eloquently below as to how long Mr.
Ambler could have had any reason to believe that he had IANA sanction to
be the registrar for .web.

Points 22 and 23 and 24 are from http://www.iodesign.com/complaint.html

22. On or about July 23, 1996, IANA, acting by and through Defendant
WILLIAM MANNING, responded to a request from Plaintiff
concerning what further actions, if any, could be undertaken by Plaintiff
to obtain the ".web" domain and, hence, be a "top-level domain"
registry. Defendant MANNING, acting with the actual and ostensible
authority of Defendant IANA, specifically advised Plaintiff to fill out
an IANA application for a top level domain and enclose with it a payment
of $1,000.00. Plaintiff, in response and acting through
Christopher Ambler (its President), accepted Defendant MANNINGUS
invitation in behalf of IANA for a meeting to take place at the
IANA office between, among others, Defendants MANNING, John Frangie (an
officer of Plaintiff), and himself.

23. On July 31, 1996, said meeting occurred in IANAUs office. Defendant
IANA, by and through Defendant MANNING, affirmed
during that meeting that IANA was in receipt of PlaintiffUs request and
that it was the first and only request received relative to the ".web"
top-level domain. Although awaiting a final report from Defendant POSTEL,
Plaintiff asked Defendant MANNING -- on behalf of IANA
-- if it could make the ".web" registry active and begin accepting
registrations and collecting fees. Defendant IANA, by and through
Defendant MANNING, agreed that it could do so, that Plaintiff would become
a "top-level domain" registry due its successful first/prior
use of ".web", and accepted PlaintiffUs tendered check in the amount of
$1,000.00 (as required by the POSTEL draft report).

24. Plaintiff immediately thereafter (within twelve hours) activated the
".web" registry and began accepting registrations from businesses
and persons located not only in and around San Luis Obispo County but also
throughout the world with the statement appearing on its
Internet site that its use of ".web" was done "under the authority" of
Defendant IANA, and other language approved by Defendant IANA
by and through Defendant MANNING. It thus established a "first" and
"prior" use of the top-level domain ".web" with the knowledge,
authority, consent and approval of IANA. Further, by creating a database
containing the domain names ending in ".web", Plaintiff acquired
ownership of all intellectual property rights to that database. Defendant
IANA has known of Plaintiff's activities since then and raised no
objection thereto until February 20, 1997 as alleged hereinafter.
Defendant IANA is thereby estopped from now acting as hereinafter
alleged regarding ".web". 
========================================
From: <bmanning&#167;ISI.EDU>
Posted-Date: Fri, 2 Aug 1996 10:40:30 -0700 (PDT)
Message-Id: <199608021740.AA12411&#167;zed.isi.edu>
Subject: Notes not minutes
To: JimFleming&#167;unety.net (Jim Fleming)
Date: Fri, 2 Aug 1996 10:40:30 -0700 (PDT)
Cc: CompLaw&#167;CompLaw.com, dlj§pobox.com, newdom§ar.com, SNYDER§clm.com,
        clifford&#167;AGDIS01.NEWARK.AF.MIL, domain-noi§global.ilpf.org,
        DOMAIN-POLICY&#167;internic.net, iltf-news§infomeister.osc.edu,
        net-lawyers&#167;lawlib.wuacc.edu
In-Reply-To: <01BB804F.E2FCA340&#167;webster.unety.net> from "Jim Fleming" at
Aug 2, 96 08:52:06 am
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Here is a list of the participants, those who requested notes, and the
Notes
themselves.
        ----------------------------------------------------------

Chris Ambler  <chris&#167;iodesign.com>
John Frangie <john&#167;hal.iodesign.com>
Simmon Higgs <simmon&#167;higgs.com>
Dan Busarow <dan&#167;dpcsys.com>
Michael Gersten <michael&#167;stb.info.com>
Bill Manning <bmanning&#167;isi.edu>


Subject: Notes (fwd)
To: john&#167;jlc.net, richard§ns1.vrx.net, cnielsen§vii.com, vgoel§sprint.net,
        wessorh&#167;ar.com, michael§memra.com, gary§lanminds.com,
das&#167;netcom.com,
        ted&#167;usa.net, ekashp§alternic.net, karl§mcs.com, kent§songbird.com,
        tomn&#167;internic.net, aw§eunet.ch, stef=newdom§nma.com
Date: Fri, 2 Aug 1996 07:02:03 -0700 (PDT)
Cc: bmanning&#167;isi.edu, iana§iana.org
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> Hi,
>       Thanks for coming by yesterday.  Here are my notes of the
>       discussions:
> 
>       There are participants in the room that have set up infrastructure
>       and turned in requests to the IANA for new top-level domains.
>       Everyone agrees that working within the system  preserves the
>       value of a global internet as a resource.  Working at odds with
>       the current structure dilutes its value, since it becomes a
fragmented
>       entity.
> 
>       To that end, we discussed a bit of history and looked at a couple
of 
>       points in the current postel draft.
> 
>       First, it was recommended that a set of criteria be established
that
>       each ad-hoc committee may utilize to evaluate applications.  We
think
>       that these criteria should include, at a minimum, these items:
> 
>               Prior Use - Has the requestor made good faith efforts
>                       to establish working service?  This is almost
>                       identical to the current requirement to have
>                       working nameservers.
> 
>               Buisness Viability - The requestor should be willing to
>                       assure the committee that they have sufficent
resources
>                       to manage the domain for the delegation period.
> 
>               Agree to Terms and Conditions - The requestor should be
willing
>                       to agree to operational terms and conditions set
forth
>                       by the IANA.
> 
>               Operational Resources - the requestor must have the
ability
>                       to ensure reasonable stability for the duration
>                       of the delegation period.
> 
>       Additional time was spent on discussion of the funding question
and
>       timetables.
> 
>       It was agreed that a fee of 2% per-registration is acceptable.
>       The definition of "per-registration" is unique entry in the second
>       level zone files.  
> 
>       Given that there are already a large number of requests, it was 
>       suggested that the 60 day window specified in the postel draft
>       may be waived, allowing for the first ad-hoc committee to be 
>       formulated as soon as possible after a revised draft comes out
>       as an RFC.  If the committee can be formed within the next few
>       weeks, it is possible that new iTLDs may be made visable in the
>       next quarter.
> 
> --bill
> 
=======================================================

From:   Jon Postel[SMTP:postel&#167;ISI.EDU]
Sent:   Friday, August 02, 1996 11:08 AM
To:     JimFleming&#167;unety.net; tim§fastlane.ca
Cc:     clifford&#167;AGDIS01.NEWARK.AF.MIL; CompLaw§CompLaw.com;
dlj&#167;pobox.com; 
domain-noi&#167;global.ilpf.org; DOMAIN-POLICY§internic.net; 
iltf-news&#167;infomeister.osc.edu; net-lawyers§lawlib.wuacc.edu;
newdom&#167;ar.com; 
SNYDER&#167;clm.com
Subject:        RE: IANA Payments


Hello:

The suggestion that the IANA is accepting money to reserve new
top-level domain is completely false.

The IANA has not accepted any money in any form from anyone for domain
name registration, name reservation, or other top level domain related
function.

--jon.

----------


From:   Christopher Ambler[SMTP:chris&#167;kosh.punk.net]
Sent:   Friday, August 02, 1996 1:08 PM
To:     newdom&#167;ar.com
Subject:        clarity

Let me be very very clear here.

The notes from the meeting were published by Bill a few moments ago. I
am glad this happened, because there are some people screaming that
this was a "backroom" meeting. Nothing could be farther from the
truth. I was prepared to post my own notes, but Bill asked that we
all see and approve his before he sends them out. This has happened,
and there are no surprises.

The issue of funds has been brought up, so here is what happened. I
gave Bill Manning an envelope to include with our application to
the IANA. As per the last draft, the fee for an application was
outlined, and I felt it a good business decision to have that
included with my application. No more, no less. Anything else is
pure fabrication.

While some of you might have a difference of opinion on the IANA and
how this is all transpiring, it is somewhat irrelivant to the meeting,
now that the notes are published. The IANA is going to do what it's
going to do, and everyone else is going to do what they're going to
do. But in the end, SOMEONE is going to be putting new TLDs in the
works, and my position, as a businessman, is that I wish to be
involved. Bottom line.

We can continue to discuss the issues, we can continue to attempt to
get consensus, and we can continue the rhetoric and threats as long
as it takes, but sooner or later, it's just going to happen. Everyone
do their own thing.

Have I been clear now? Are all my cards on the table? Is there anything
else I can say? Please feel free to ask, or call me at 1 805 543 4716.

Christopher Ambler
President, Image Online Design, Inc.

From: <bmanning&#167;ISI.EDU>
Posted-Date: Fri, 2 Aug 1996 11:57:24 -0700 (PDT)
Message-Id: <199608021857.AA12511&#167;zed.isi.edu>
Subject: Re: Who do you believe?
To: JimFleming&#167;unety.net (Jim Fleming)
Date: Fri, 2 Aug 1996 11:57:24 -0700 (PDT)
Cc: karl&#167;mcs.com, kastennoi§ftp.com, clifford§AGDIS01.NEWARK.AF.MIL,
        CompLaw&#167;CompLaw.com, dlj§pobox.com, domain-noi§global.ilpf.org,
        DOMAIN-POLICY&#167;internic.net, iltf-news§infomeister.osc.edu,
        JimFleming&#167;unety.net, net-lawyers§lawlib.wuacc.edu, newdom§ar.com,
        SNYDER&#167;clm.com
In-Reply-To: <01BB8077.458DB900&#167;webster.unety.net> from "Jim Fleming" at
Aug 2, 96 01:34:02 pm
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> The issue of funds has been brought up, so here is what happened. I
> gave Bill Manning an envelope to include with our application to
> the IANA. 


        This envelope was stacked in to a manila folder with the
        handwritten notes from the mtg and some other papers that
        Simon and Dan left with me.

        The sealed, un-opened envelope has been returned to Chris
        via certified mail.

        Jon Postel was in no way involved in the meeting or discussions.
        The IANA activity was not responsible for the meeting or the
        actions of any of its attendes. 

        When a valid process for new registry creation for operation
        of Intenet Top Level Domains is approved, then is the time
        for proper application, with any fees as appropriate.

--bill




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Received on Sat Mar 01 1997 - 22:40:40 UTC

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