From: Fergal Daly (fergal at domain esatclear.ie)
Date: Thu 10 Feb 2000 - 22:51:19 GMT
At 18:46 10/02/00 -0000, Brady, Padraig wrote:
>"The IEDR has no objection, per se, to generic names but only those
> which in its view would indicate that the name, if registered would
> infer certain or exclusive rights appertaining to it."
>
>[snip]
>
>"For example, "butterfly.ie" or "excitingfossils.ie" may be acceptable
> in the view of the IEDR while "irishpubs.ie" or "cheaphomes.ie" are
> likely to be too narrow & may infer a clear commercial cornering of
> the commercial market to the general public."
>
>I'm confused where's the distinction between butterfly.ie
>and irishpubs.ie? It's not commercial as to me, inferring from
>the names both would be non commercial. One has a list of
>butterflys in Ireland, the other a list of pubs. I may be
>wrong, but that's a matter of opinion and can the IEDR legally
>say that my opinion is wrong and their's is correct?
I presume the distinction is that the commercial market involving Irish
pubs is enormous, whereas there is only a tiny (if any) commercial market
in butterflies.
What do you mean by "legally". It is a fact that their opinion is the one
that matters. If you want you can go set up your own domain registry and
try and persuade everyone on the internet to reference yours instead of
theirs, I don't think legality comes into it.
>Hmm, searching for the word legal.... Ah..
>
>"It is intended that full legally approved Policies, as represented by the
> table below, will be published shortly."
>
>So they're not legally approved? Hmm..
I'd imagine legally approved means approved by their own legal people.
>And anyway who the hell was allowed to register ecommerce.ie?
Once again, they can probably do what they like, including ignoring their
own policies (or just making a balls up every now and then), they have no
contract with you or me and their actions are not regulated by any
instrument of government.
>According to the above noone should be allowed. You can't
>find out either as:
>
>"The IEDR has been advised that it must comply with the provisions of
> the Data Protection Act 1988 and that the making available of information
> regarding IE domain registrations by means of a WHOIS database could be in
> breach of that Act as it may constitute an unauthorised disclosure of
>personal data."
>
>Surely the EU would have a directive (they have on for the curvature
>of bannanas for God's sake), that would overrule the above.
A directive that forces you to make your customers personal details
public??? This would be the exact opposite of data protection style laws
which prohibit you from passing on personal details to 3rd parties. If you
had a problem with the owners of ecommerce.ie and it got legal then IEDR
could be forced to hand over details, but unless you have a legitimate need
to know who they are I don't think you have any (legal) right to know.
That's not to say I agree with it being kept secret or anything. If you get
a nasty phone call and you ring TE with the callers number you are not
entitled to know their home address!
By the way, I'm not trying to defend the IEDR, I'm just pointing out that
at the moment the IEDR can do whatever they like, there are no domain
registry laws here yet and no govt. dept. in charge of making sure
everything is done nice and fairly,
Fergal
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