Discuss mailing list

[Peter Green <peter AT greenpete.free>]

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I have to say legal matters are not my field and therefore have to trust
to Aaron and Mike here, and thank you both for your explanations by
the way.

But the point Aaron makes about I.C.A.N.N. resonates. Surely OpenNIC
could work in a similar way?

If I (having got approval) set up a T.L.D. and T1 via OpenNIC, I could,
as I understand it, take donations or even charge for domains under my
T.L.D. I (or anyone else) could perhaps set up a business?

Even assuming that there was some kind of inferred or (otherwise)
liability effecting OpenNIC, would it not be me as the provider and
vendor of said T.L.D. that was liable? I guess, Mike you would say yes,
but also OpenNIC?

How about if the Terms of Service of my services indemnify OpenNIC,
could that work, do you think?

In fact, (and I guess I should toddle off and check my self here), what
stops me doing that anyway, would OpenNIC stop supporting my T.L.D. in
their root?

Peter

On 12/11/12 03:45, Aaron J. Angel wrote:

> On 11/11/2012 07:28 PM, mike wrote:
>> I worked for http://www.firstclass.com for many years starting
>> back when it was SoftArc Inc. In those days, we, in the
>> engineering group, actually worked under a company called Tridem
>> Labs Inc. The two companies operated in such a way that all of
>> the intellectual property belonged to the engineering group under
>> the Tridem Labs company. All sales and external contracts of any
>> kind where done through SoftArc Inc.
> 
> I'm not exactly sure how that applies here, especially given the 
> commercial nature of the two companies mentioned.  A more accurate 
> example would be the Internet Corporation for Assigned Names and 
> Numbers.  Organized for a similar purpose and having a similar
> mission, it goes about that matter just a bit differently.  ICANN
> is a non-profit in California, exempt from income tax under section
> 501(c)(3) of the US Internal Revenue Code.  Specifically, ICANN is
> what is commonly called a 'public charity.'
> 
> As it stands now, if anyone is interested in soliciting funding
> for their OpenNIC-related endeavors, that income would most likely
> be taxable, unless the activities are organized under a structure
> exempt from tax in their respective jurisdiction.  Additionally,
> liability is most definitely personal, unless the activities are
> performed by a corporation or similar entity.
> 
> On the other hand, TLDs themselves and their operators could pose
> a different set of circumstances if operated for a commercial
> purpose.
> 
> 
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