Beasty said:
I fail to see what is wrong with getting thousands of responses - which might be tailored by offering some sort of poll options or the like. Your electoin page seems to suggest that you like the idea too -
What I wrote on my website is about education. Why? Because it has been my own experience that many registrants, no matter how much mail or e-mail correspondence you send their way, still don't pay enough attention to detail nor understand the registrar/registry relationship. Some of them don't even remember who they registered what through. Spookily enough, they don't much understand it in the .COM arena either. I constantly get emails asking who XYZ Top Level Registrar is and "why are they sending me a reminder"? I usually have to say, "because you ignored mine". And as I said in a previous post, this is not necessarily mine or the registry's fault. The point is, doing something is always preferable to doing nothing, and an educational campaign will help. It's better than allowing the current lack of knowledge to flourish and cause even more unnecessary problems.
Beasty said:
But now you seem to be saying a large active registrant base (or even a small percentage of active registrants) would make the registry grind to a halt.
Practicalities Beasty, practicalities! One must view what is possible and what is practical with a large dose of realism. Just not you it seems!
Beasty said:
No - I'm saying the .scot investigation ended when the SLD rules were changed in consultation with the OFT. It explicitly left the dominance question open - so did the people running it when I contacted them. They were quite explicit that this did not give Nominet as a whole a clean bill of health - the wider questions had not been addressed.
I have no problem with any organisation being investigated by the OFT; it is often beneficial for the sake of transparency; but no matter what was said and done, you simply dislike the conclusions that were reached. If I remember correctly, Nominet had already started to review its SLD procedure
before the OFT investigation, so this was less to do with Nominet being duplicitous (as you seem to suggest) and more to do with Nominet reviewing its systems and making them fairer, if possible. They do this periodically anyway, as they are now doing with the DRS (but you'll never convince all of the people all of the time). Now that they've made the SLD procedure fairer, you still choose to dispute that they acted in good faith. Isn't that bigotry?
Beasty said:
You suggested that other "professional" bodies were governed only by general commercial and other law. I pointed out that this simply was not so - there is specific control over specialist areas. I don't understand why this suggests any form of totalitarianism.
Then strike tolalitarianism and insert authoritarianism. Either way, so what?! People still have a right (amidst all the legalese and legislation) to choose their own direction and/or destiny within their given field of endeavour. Or do you want to dictate their right to choose too?
Beasty said:
We differ on who the stakeholder community should be. I accept that it is currently the Nominet membership - but I argue that it should be (at the very least) the Registrant Community as a whole, if not simppy the Community/Society as a whole. Nobody owns the Patent Office or Companies House or the Land Registry - or if anyone does, we all do. In my view it is simply no longer tenable for a small group of individuals/businesses to own the .uk Registry. You disagree. In due course it will need to be tested by someone with greater power than either of us.
Firstly; I never said or inferred that the stakeholder community is just the Nominet Membership! The stakeholder community is every single person who registers a .uk domain name. Indeed, this is why Nominet refers to it in its mission statement; i.e. "the interests of the relevant stakeholder communities". You continue to argue Patent Office et al but as I have already said, you cannot make such comparisions because Nominet is a private company limited by guarantee. A different set of rules apply and Nominet is bound to act on its fiduciary duty as defined by Company Law. I shouldn't have to teach you to suck eggs in this respect but you continue to misrepresent it by innuendo and inequitable analogies. However; if indeed these things were to be tested, you are right; it would be by someone with greater power than either of us. In the meantime, please stop misrepresenting what currently exists.
Beasty said:
.uk namespace is the UK's part of a global network. It is not a National Treasure - but I thik it should be a National Asset. You think it should continue to be a privately owned asset - acquired by default 10 years ago. Again, I think in due course someone else will have to decide which view is correct.
The .uk namespace is IMO an intangible, just as IMO a domain name is; but for the existence of an entry in a database it wouldn't exist. However, if the .uk namespace is indeed a national asset, it is in the altruism that it belongs to the people (aka the stakeholder). Nominet holds this quasi-asset in trust for the UK community just as The Government (for instance) holds Stonehenge in trust for the UK community too. However, whilst Nominet seeks to protect the .uk namespace, the Department for Transport is planning to widen the A303 highway that runs close to Stonehenge which effectively means a 4 lane dual carriageway cutting through the heart of this World Heritage Site. Whilst the stone circle itself will not be harmed, the landscape setting will be badly damaged and other important archaeological remains could be destroyed.
So forgive me all over the place if I prefer Nominet's responsible management of the .uk namespace to the Government's lack of respect for the 5,000 years of history that is Stonehenge. If you want to talk government responsibility for the .uk namespace, you need to talk the reality of responsibility; not the obscure rationale of idealism; no matter how well intentioned your motives.
Beasty said:
So - when the Executive refer a DRS Decision to be substantively revised by the Expert without any apparent authority to do so under the DRS rules - what is the view of the PAB? Or what is the view of one PAB member when asked a direct question. Not about the Decision itself or the specific merits of the case - but on the point of principle that neither the Executive (when receiving a Complaint from Mr Cheese) nor the Expert (when shown the contradictory nature of the Decision) has behaved properly within the DRS Rules that Nominet iteself wrote. I invite you to say whether you think it was dealt with properly within the rules or not.
As "Gordon" pointed out in another post the PAB has no authority over the board. All the PAB can do is advise and make recommendations in its collective capacity. However, this does not mean that one or other PAB member cannot ask his/her own questions, which is part of the democratic way in which Nominet is run in the interests of, guess who? The Stakeholder. For the record, I chose to initiate contact with Sneezycheese privately a few weeks ago and I am happy to ask questions on his behalf privately; but I am not going to be coerced into breaking confidences on this or any other public forum and not least of all because you have already formulated your opinion in the matter and it seems clear you have closed your mind on the issue.
There's more to being right than just thinking it and there's more to justice than what you want for yourself. Justice is based on decisions handed down, yet you bandied the word around (in a former post) like you have some predetermined right that no-one else has. I won't play politics with right and wrong. The one thing I
strongly agree with you on is this. Justice will be served by "someone with greater power than either of us", but power without responsibility is tyranny.
In the case of the DRS, I would not be so presumptuous as to suggest I could outguess people with more expert or legal knowledge than myself though I reserve my right as an individual to ask the hard questions and establish the reasons why a thing is (or was) done in a certain way. In that respect, I will get back to sneezycheese privately as soon as I feel I have considered all the answers I have received.
Regards
James Conaghan