>  I don't see any problem with the consequences.
> I write a book and have someone publish it for me while I myself
> retain the copyright (if I'm smart).  The copyright stays with me until 
> X years after I die, and then the book falls into the public domain
> - -- anyone in the world can publish a book of Shakespeare's plays
> without infringing anyone's copyright since there is none any more.
> 

Interesting, isnt it, that IP issues are so often framed in terms of 
*impersonal content? Afaik, there are no word-libbers campaigning 
that they have fundamental rights to the sentences which are 
composed of them.  And thats why IP laws are still struggling with 
the idea of databases -- the data is attached to *people, and its 
formulating a nice code that doesnt make it utterly obvious that 
*people have a valid claim to their data that has got even WIPO tied 
in knots. 

> > One  
> >concludes that registrants *voluntarily surrender (some) rights to a 
> >registrar in order that the db can be maintained *for their 
> >convenience. A further implication is that those rights are (some) 
> >payment to a registrar to perform this service. 
> 
> Yeah, but that's what Yahoo tried to do with the emails that people 
> posted on lists or whatever, and they backed off in a hurry!

Yahoo's customers may be easily shocked, but that's not to say 
there isnt room for a consistent conceptual framework, which is all 
I'm concerned with at this point. YAAL, so you get to be picky with 
particular cases ;-) 


> >Second, isnt this negotiability exactly why there might be more 
> >than one registrar?  (Why do you think so many folks want to get 
> >into the registrar act? Why do you think ICANN is in place, if not to 
> >*limit the number and prevent the market from collapsing?) 
> 
> Negotiate what? Nonexistent IP rights? Too many in this field (and
> in ifwp.org) know all sides of marketing, too many sides of internet
> technology, but barely squat about IP.

Thats why consistency at some level would be nice -- its usually 
easy to comprehend ;-)   Im trying to say its not NSI (or any other 
registrar) that's the spanner in the works, its the fixed registration 
cost. If I tell you where I live -- that is, give you valuable information 
which you're going to peddle to parties unknown -- why should I 
have to have to *pay you to accept that info? No, I pay you in 
compensation (whats the phrase? - opportunity cost) so that you 
*dont peddle it. 

>  The fact that registrar A runs a better WHOIS than does registrar
> B might persuade one to deal with A rather than B -- that is one of
> the ways in which competition can occur other than by price - --
> but that doesn't mean that either A or B "owns" one atom of the
> data so presented. 
 
I agree, but am trying to go a step further: it is precisely my 
'shopping' for a registrar which *creates the market in personal 
data. 

kerry

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