Discuss mailing list

[Philipp Schafft <lion AT lion.leolix.org>]

Good morning,

I'm refering to http://subnets.ru/rus.www/charter/ at the version of
when this email was written.

I'm not a lawyer. I can not and do not provide any legal services. This
is just my personal opinion. I'm also not speaking for any group or
institution.

About the charter, going from top to bottom:
      * You write "Registrations is available to everyone and completely
        free.". What do you mean by "completely free"? Is that
        gratis/free of charge, or is that related to freedom?
      * You use "rules" and "notes" that needs to be "considered" by the
        user. The difference is not clear to me. Also it's not exactly
        clear if they are binding or for discussion (in individual
        cases).
      * You write "domain name must not use words that are contrary to
        the public interest, the principles of humanity and morality (in
        particular, words of obscene content, appeals of an inhumane
        nature, insulting human dignity or religious feelings and so
        on);". Can you please define who's definition of "humanity" you
        refer to as well as who's standards for "morality"? Please also
        see [0].
      * In "information at domain pages (and/or files accessible via
        domain name) must not include incitement to violence, drugs,
        terrorism and other illegal activities condemned by the world
        community;" you write about "domain pages". That is not a term I
        have ever heard. If I take apart that I think you talk about
        HTTP services provided using the domain name in question, I
        would guess it's kind of a whois like service. I would be happy
        if you could improve this a bit.
      * Ibidem you talk about about different terms that require a
        definition. You refer to "the world community". But all of the
        terms lack of an international definition. And: Who could define
        them? There is not a single organization that is both
        acknowledged by and acknowledging all nation there are. And this
        is not even considering contentious territories.
      * About the length of a domain name you write "domain name must be
        1 symbol length minimum and not be more than 32 symbols
        length;". I just think this is a very open rule. I personally
        prefer to reserve short domains for special use. But this is all
        personal taste. Also I assume by symbol you mean character in
        any encoding that is supported by the relevant standards.
      * Next you write about the expire procedure. This is all fine with
        me, but I think a native speaker should re-work the sentence
        (please split it into smaller ones).
      * In "Termination / Revocation" you talk about domain holders to
        be considered members. What is a "domain holder"? Is it any
        legal entity (private person or legal body)? What about groups
        that do not generate a legal body but still work as a uniform
        group (such as a German GbR[1]) what about an body and it's
        departments? I would prefer something like "any private person
        or legal body of any jurisdiction".
      * In "Disputes" you write "trademarks". Is this any specific
        registration service or any? What about de facto trademarks
        (e.g. "OpenNIC")?
      * In "Anonymity" you seem to define a "member" (ref: "domain
        holder") more closely. However this doesn't really answer my
        question above.

Some more general notes about the structure:
      * You define several groups that can interact with the system.
        (the general public), "domain holders", "members", the
        administrative team, "OpenNIC", "OpenNIC community", "legitimate
        court", (disputes), ...; I would be glad if you could define
        them in a separate section ("Definitions") with all there
        properties and then in the rules just refer to them. This would
        make it much more easy to read.
      * You use "become available for registration" or eq. in several
        places. Sometimes with given time periods between steps,
        sometimes without. I think it would be good to define this in a
        central place. Maybe like "if for any reason a domain becomes
        available for registration there is a time of nn days between
        the event and the public availability. This time can be used for
        anyone to raise a veto or claim the domain based on relevant
        rulings."
      * You link at several places services. I thin it would be good to
        move this to an individual section like a imprint, OR provide a
        imprint along with the charter and only sign the charter.
      * There is no date or revision number in the document. It's hard
        to reference a specific version.

I hope this input helps you some. :)

With best regards,


[0] email <1501063277.4826.77.camel AT people.fellig.org>: Philipp Schafft,
2017-07-26, "Re: [opennic-discuss] TLD policy change discussion"
[1] §§ 705 et seqq. BGB

-- 
Philipp.
 (Rah of PH2)