[dns-operations] charter, sitefinder, opendns (slashdot today)

Paul Vixie paul at vix.com
Thu Feb 15 23:32:59 UTC 2007

> >> ...  Could a domain owner sue for copyright infringement in this case?

i forgot to mention that i'm not a lawyer, and everything i know about
lawsuits comes from being sued.  so take all this with a beaker of salt.

> > i think it would be very hard for a domain owner to quantify let alone
> > prove their damages.  but a class action lawsuit might be feasible.
> > trouble is, the precedent if the suit was won would be applicable against
> > even opendns who has an opt-out policy for their NXDOMAIN remapper.  is
> > that what we want?
> An end user can choose to use OpenDNS or not.  I think that's different
> than an ISP forcing a malfunctioning resolver on you.

i don't think that distinction will affect "plaintiff's standing".  if you're
being damaged, or if a "class" is being damaged, then the damage comes from
lost revenue or lost opportunity or lost reputation or some other kind of
loss, and that loss is independent of the actions or decisions or options of
an end user.  (or conversely, if you allow it to be argued that it *is*
dependent, then you could lose your standing or lose your case on that basis.)

> Maybe we'll see dns infrastucture on udp/5353 shortly.  Do you think its
> feasable for the root servers to listen on more than 1 port?  I know I know
> - its a long shot.

the root servers will listen on whatever ports (or transports) the IETF tells
them to listen on.  so it won't be ad-hoc (like port 8080 for personal web
service was in the early days), but it can conceivably be done.  yet if it's
a standard, then it'll just be one more thing for interested ISP's to block.

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