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This book explores the historical roots of economic nationalism within Japan. By examining how mercantilist thought developed in the eighteenth-century domain of Tosa, the author shows how economic ideas were generated within the domains. During the Edo period (1600-1867), Japan was divided into over 230 realms, many of which developed into competitive states that struggled to reduce the dominance of the shogun's economy. The seventeenth-century Japanese economy was based on samurai notions of service and a rhetoric of political economy which centred on the lord and the samurai class. This 'economy of service', however, led to crises of deforestation and land degradation, government fiscal insolvency and increasingly corrupt tax levies, and finally a loss of faith in government. Commoners led the response with a mercantilist strategy of protection and development of the commercial economy. They resisted the economy of service by creating a new economic rhetoric which decentred the lord, imagined the domain as an economic country, and gave merchants a public worth and identity unknown in Confucian economic thought.
In this book Konstantinos Komaitis identifies a tripartite problem a " intellectual, institutional and ethical a " inherent in the domain name regulation culture. Using the theory of property, Komaitis discusses domain names as sui generis a e-propertya (TM) rights and analyses the experience of the past ten years, through the Uniform Domain Name Dispute Resolution Policy (UDRP) and the Anticybersquatting Consumer Protection Act (ACPA). The institutional deficit he identifies, generates a further discussion on the ethical dimensions in the regulation of domain names and prompts Komaitis to suggest the creation of an environment based on justice.
The relationship between trademarks and domain names has always been contentious and the existing institutions of the UDRP and ACPA have not assisted in alleviating the tension between the two identifiers. Over the past ten years, the trademark community has been systematic in encouraging and promoting a culture that indiscriminately considers domain names as secondclass citizens, suggesting that trademark rights should have priority over the registration in the domain name space.
Komaitis disputes this assertion and brings to light the injustices and the trademark-oriented nature of the UDRP and ACPA. He queries what the appropriate legal source to protect registrants when not seeking to promote trademark interests is. He also delineates a legal hypothesis on their nature as well as the steps of their institutionalisation process that we need to reverse, seeking to create a just framework for the regulation of domain names. Finally he explores how the current policies contribute to the philosophy of domain names as second-class citizens.
With these questions in mind, Komaitis suggests some recommendations concerning the reconfiguration of the regulation of domain names.
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