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RE: net.stewards [Re: BitTorrent (Was: Re: [Isms] ISMS charterbroken- onus should be on WG to fix it)]

2005-09-16 10:17:20


Behalf Of Spencer Dawkins

Generally, the existence of an assignment authority does 
encourage its 
(proper) use - mostly for the reason you state above. Just 
as "nobody 
will want to accept an official registration polluted by 
prior use", 
"nobody" (deliberately in quotes) will want to attempt to 
establish an 
unofficial registration using the approach you've 
described.  Doing so 
is - at the very least - going to adversely affect 
popularity and is 
very likely to result in interference and potentially even 
litigation.

"litigation"?

Do we have prior art that this is a likely result?

DNS administration has certainly not been a litigation-free zone...

I can't quite see a circumstance in which IANA could block the use of an
unauthorized port assignment, or even the legal theory under which a
claim might be made. 

There might be a claim if someone tried to falsely claim that a code
assignment was authorized by IANA.

If all the parties involved in a communication agree on the use of the
assignment I can't see a hacking type claim.


Regardless I don't think IANA has the resources to make this type of
legal threat if it wanted to.

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