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["Dmitry S. Nikolaev" <dn AT mega-net.ru>]

Then I would go for "gratis" or "free of charge". I think "gratis" would be nicer here 

Fixed.

Totally depending on your jurisdiction. Think about the ongoing discussion on Marijuana.

That`s why I use phrase " world community" because many nations (overwhelming majority) condemn drug addiction.
Opinion of the majority = opinion of all.

Media and politics decide if that person is just a murderer or a terrorist. That's the problem here.

I don`t see any problem here. Description of this avail at https://en.wikipedia.org/wiki/Terrorism.

Definition of "porn" ranges from "anything but the eyes visible" to "the navel is visible". The definition of the maximum age of a child ranges from 8 to 23. What is your definition?

From 0 to 18 in my country.
So what you suggest ? Delete this text or what ? On my opinion that any sane person will understand what "porn with children" mean.

>killings This is an accepted one in most counties

I don`t agree with that. It`s not true. If you are talking about some of "large wallet" persons it`s not the same ordinary person (worker).
The overwhelming majority condemns murders.

I was once asked by a bank for my colour. They didn't accept "savanna". Again, there is no international consensus here.

Again you are talking about particular case and not in the total. The overwhelming majority condemns racism and nazism (fascism).

As I have shown above there IS general consensus. For most of people these things are beyond the line of normal.

Whoever will read your text will either understand it as "I'm fine." or "what does they mean?". Both not helpful.

For this situations there is a section on disputes. If someone want to dispute what is normal and what is not.
People will decide this together.

Why is it part of the NIC's job to enforce general rulings.

Because I`am a person who starting TLD and will register and support domain names in the TLD.
That`s why you (OpenNIC community) ask ME to write charter for TLD I suggest to register and you (OpenNIC community) NOT tell me something like "This is your charter for TLD, we wrote it. Now read and accept".

I would maybe go for something like "content provided using the domain [name]". This is agnostic to any usage and/or protocol.

Fixed.

The UN is a big and strong organization. But it still didn't unite all people living under our sun. For the good or for the bad.

I agree but still point at "overwhelming majority".

just a bit unclear to me what stages/states there are and what there relation is.

Ok, I will think about how to write it more clearly. But despite this you said that you understand the general idea already. It`s more than enough.
If someone don`t understand so he can ask. It is impossible to write an instruction for everything and for all occasions. Therefore, the basic ideas are written.

There is no world-trademark-register. It's up to the individual nations. ... "OpenNIC" was my example of this.

Ok, partially agree. But:
- all know about world wide trademarks. Google, Samsung, Toshiba and others.
- that`s why there is text in charter about disputes "Trademark holders should speak to .RUS administration if they wish to dispute a domain." and than we will decide what to do and if it`s needed try to attract members and/or community to this decision.

Why not make your charter a better one that stands out with quality?

I`am trying to. That`s why we are still talking and I still answering and trying to edit charter text.
But I already realized that charter will never be good enough for you :) Really.
I`am not a lawyer and don`t have juridical education to write such text that you want. I`am network engineer and (sometimes) coder.
For my opinion you want to be too much accurate on all words and phrases as we are in the court and not in the Internet.

P.S. Anyway thanks for you opinion and time that you spent on thinking and writing.

With best regards, Dmitry S. Nikolaev
virus_net

On 26.09.2017 14:51, Philipp Schafft wrote:

Good morning again,

On Tue, 2017-09-26 at 12:44 +0300, Dmitry S. Nikolaev wrote:

Hi.

First of all, thanks for the letter and opinion.

Second, I will try to answer.

*nods*

Is that gratis/free of charge, or is that related to freedom?

Meaning that no money payments required at all (completely free).

Then I would go for "gratis" or "free of charge". I think "gratis" would
be nicer here as it is used in the Free Software movement a lot and I
think OpenNIC shares a good number of users with it.

The difference is not clear to me.

Difference is that "rules" must be followed, "notes" is "notes" -
information to the user.

Hm. That sounds a bit strange to me. To me this is also related to the
next one.

But ok, you answered the question. Maybe someone else will have an
opinion on that.

Also it's not exactly clear if they are binding or for discussion

(in individual cases).
Sorry, don`t understand the question. Can you rephrase or explain more
detailed ?

There are normally two types of rulings: universally binding ones (you
ALWAYS must adhere) and ones that are more a kind of default (this is as
long as nothing else has been agreed on). The way you word I would
consider it the second form. If it's the first one I would love to see
it in a clearer way. I think your intention was not to sound like "this
is forbidden and you're a bad guy if you do that". Maybe a native
speaker can help here as well.

Can you please define who's definition of "humanity" you refer to as

well as who's standards for "morality"? Please also see [0].
Just by starting to list all such words, you can write several pages
of
text and still miss something. That`s why i wrote this text.

Ok, let`s do examples of "the public interest, the principles of
humanity and morality":

- drugs

Totally depending on your jurisdiction. Think about the ongoing
discussion on Marijuana.

- terrorism

Terrorism is what is made of something. It's on the victim's side.
Someone might be a murderer of 10 people. Media and politics decide if
that person is just a murderer or a terrorist. That's the problem here.

- porn with children

Definition of "porn" ranges from "anything but the eyes visible" to "the
navel is visible". The definition of the maximum age of a child ranges
from 8 to 23. What is your definition?
Beside from that, there are no real international standards at all about
child protection.

- killings

This is an accepted one in most counties. At least if the victim is a
attractive, white male with some money.
Many counties around the world have no consensus on killing wives,
children, old people, outsiders, people of different colour, people of
different religion, political unwanted people, ...

- religious intolerance

Many countries on this planet do not even separate government and
religious groups, including the one I'm living in. There is really no
standard on what tolerance is in this context nor do many countries
really implement it.

- racism

I was once asked by a bank for my colour. They didn't accept "savanna".
Again, there is no international consensus here.

- nazism (fascism)

This is what most people live in and most people consider there own form
of it perfectly fine. So who's are you going to ban?

And so on.

Funnily you have only discussed things that have been on this list just
a short while ago. I kind of feel left out with topics like environment
preservation, protection of other beings, protection of
future/preserving a life-worthy world for the next generation,
protection of the poor, ...

All of this  is condemned by mankind and called "principles
of humanity and morality".

As I have shown above there is no general consensus. And the common
subset is about infinitesimal [small].

I do not argue that there are standards that are good to adhere.
Basically my points at those two:

Whoever will read your text will either understand it as "I'm fine." or
"what does they mean?". Both not helpful.
And:
Why is it part of the NIC's job to enforce general rulings. There is a
legal system for this implemented virtually in all nations that covers
those problems just fine. I really like the concept of separation of
powers.

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.

You can help me with rephrase this. I don't mind. Maybe on my not so
good english it`s sound not correct.
The meaning is the same as previous item. But it was about domain
name and here is about content that domain provide.

I would maybe go for something like "content provided using the domain
[name]". This is agnostic to any usage and/or protocol.

You refer to "the world community". But all of the terms lack of an

international definition. And: Who could define them?
Ok, if the definition is so necessary, then I can use "UN"
(http://www.un.org/).

The UN is a big and strong organization. But it still didn't unite all
people living under our sun. For the good or for the bad.

About the length of a domain name you write ...

I think that 32 symbols it`s more than enow for the domain name. I
don`t
want people to create something like
djahgfwroighsuiehgihsdijghvjaisdhfgswreuighaedasifghrqaeiurfq.RUS
Only varchar(32)    utf8_general_ci

Sure. My concern was more on the 1..n-symbol domains.

Next you write about the expire procedure. This is all fine with me,
but I think a native speaker should re-work the sentence

I don`t have native speakers... It`s a pity :(
Albongo said that he can help but I think he still don`t have enow
time
for this because I don`t received anything from him.

He surely is busy as hell as the others of us. E.g. it also took me
longer to send you the mail as expected. (ref: My statement on IRC about
this.)

The main idea of expiry is if someone stopped using domain name it can
be avail to be registered again after some time if anyone wants this
domain name.
So I wrote two phase of expiry:
- 6 months
- plus one week
If 6 months and one week passed  and the domain holder do not prolong
registration on the domain name - it will be avail for registering by
anyone.

I agree with the general idea. Also the intervals are perfectly fine
with me. It's just a bit unclear to me what stages/states there are and
what there relation is.

What is a "domain holder"

I took this concept from other OpenNIC charters.
"domain holder" is a person who have registered domain name in TLD.

ok.

In "Disputes" you write "trademarks". Is this any specific
registration service or any? What about de facto trademarks (e.g.
"OpenNIC")?

Same as previous, I took this concept from other OpenNIC charters.
I don`t understand what you mean by "specific registration". The
meaning that if some trademark what to register domain name and it
already registered, so they can dispute a domain.

There is no world-trademark-register. It's up to the individual nations.
Sometimes it's they split it by region. Sometimes there are more central
ones like one for the EU (wich does not replace the national ones).
So you can even end up with the same thing registered by two different
bodies in to different registers.

And there are de facto ones that aren't registered at all. "OpenNIC" was
my example of this.

Some more general notes about the structure

I will think about it and see what I can do.

P.S. Despite the fact that you said that you are not a lawyer for me
you are talking as a lawyer and

Thank you very much. But I can assure you I'm not. :)

treat the rules as a real contract.

It is after all. Or parts of one.

You can read other charters:
- https://wiki.opennic.org/opennic/dot/o
- https://wiki.opennic.org/opennic/dot/libre
- https://wiki.opennic.org/opennic/dot/cyb
- https://wiki.opennic.org/opennic/dot/chan
and so on. I think you can say the same about them. So don`t be so
picky.

I know about them. I never said that those comments do not apply to them
as well. I have also expressed on them and parts of them in the past.

Why not make your charter a better one that stands out with quality?


With best regards,