With no disrespect intended to either Gene or Richard, what they have
posted does not inspire in me much confidence that there would not be a
major dispute over the addition of new TLDs at this point.  I feel this
way for several reasons.

RFC 1591 is not a legal document.

Even if it were, what criteria are you using to establish 'first' use of
a TLD?  The first registration?  When the servers went online?  When the
company first incorporated?  When the person got the idea in their head
that they wanted to run a TLD?

I have no problem with the idea of people choosing their own nameservice
providers, but realistically, at this point, which ones will they choose?
Furthermore, why do you need ICANN to rise up to the challenge of allowing
this to happen?  In his public statements, Mike Roberts admitted that
people could already do this and that ICANN had no authority in this area.

--gregbo

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