while I have your attention... Names, copyright and IPv6

Cordula's Web cpghost at cordula.ws
Sun Nov 23 16:16:11 PST 2003

> Question 1) where does the DNS record for that name reside? with my ISP? with 
> the name vendor?

Let's assume that the name is bergen.org.

bergen.org is stored in three places:
  * the registry for .org (http://www.pir.org/)
    points bergen.org to a registrar.
  * the registrar pointed to by the registry
    contains the name, along with your contact data,
    and DNS nameservers.
  * the DNS nameservers for bergen.org will answer
    queries to everything related to *.bergen.org.

The name vendor registers your name with a registrar, which
in turn registers the name with its registry (for org, its
PIR, for .com and .net it's VeriSign, and for ccTLDs like
.fr, .de. ,us, ... its the national registry for that country).

Now, the registry responsible for e.g. .org will use the
information stored to configure the DNS name servers for
.org by adding name server records for bergen.org. In
other words, the .org name servers are configured to
point to the DNS nameservers for bergen.org.

> lets say I have a network and wish to name the boxen depending on the OS 
> running on them thus...
> microsoft.bergen.org
> SCO.bergen.org
> Sun.bergen.org
> Question 2)
> where do those DNSrecord reside?

On the nameservers of bergen.org. These are the name servers
you configured at your registrar when you manage your domain.

> Question3)
> surely I'm breaking copyright or trademark laws here? whats to stop me being 
> sued? for that matter, whats to stop vexatious litigation? and what about the 
> name brokers? do they have legal responsibilities? and if I run DNS server on 
> my network am I then a name provider for myself and have to worry about 
> litigation?

You are totally responsible for respecting coyright and trademark laws.
Registrars (and registries) are not responsible for this. In the
agreements you electronically sign, you confirm that you are responsible
for the names that you choose.

If a company discovers that you've registered "their" name in your
name, they'll contact you (using the admin address contact that
you submitted at your registrar), and will require you to return
or give them this name. You would then agreen to a transfer of
domain to the company, if you think that their claim is justified.

But if you disagree, you'd enter a formalized procedure called
UDRP (Uniform Domain Resolution Policy) so solve the issue:
but be careful: nothing prevents a legal name owner for suing
you anyway, and you'll have to prove that you acquired/registered
the name in good faith. So don't register ibm.com [if it were
not already registered!] :-)

> Question4)
> or to put it another way, what is the relationship between trademark control 
> institutions and name brokers?

I don't know an answer to this. I'd just assume that there are no
relationships at all, and that you are responsible for the names
that you acquire, from whatever source (name brokers, or self

Of to put in another way: the domain namespace is not directly
related to the trademark, or registered mark namespace; but
generally, TM or (R)'s have precedence over DNS domain names.

You would need to seek legal assistance here, if you are not
sure about the status of a DNS name!

> Dr Paul van den Bergen
> Centre for Advanced Internet Architectures
> caia.swin.edu.au
> pvandenbergen at swin.edu.au
> IM:bulwynkl2002
> "And some run up hill and down dale, knapping the chucky stones 
> to pieces wi' hammers, like so many road makers run daft. 
> They say it is to see how the world was made."
> Sir Walter Scott, St. Ronan's Well 1824 

Cordula's Web. http://www.cordula.ws/

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