RE: [ga] Death Struggle in Name Space

["Roberto Gaetano" <ga_chair@hotmail.com>]

Roeland, Patrick,

>From: Roeland Meyer <rmeyer@mhsc.com>
> > From: Patrick Corliss [mailto:patrick@quad.net.au]
> > You don't quite get the power play here.  If ICANN can get
> > .biz operational they
> > would effectively kill off the so-called alternate roots.

It will all depend on where people will register.
Are you assuming that the vast majority will register with the TLD in the 
"legacy" system? Interesting assumption!
If, OTOH, people will stay with the "alternate" system, I don't see why the 
alternate roots will be killed.

>
>Two things; If NeuStar came up with a suitable offer to buy the BIZ
>registry, I'm sure Karl and Leah would consider it. There is no such thing
>as a business that isn't for sale. We all know what we all are, it is 
>simply
>a matter of price. Secondly, I disagree with your conclusion. BIZ is a 
>valid
>business, which may be protected by law (US Constitution, 4th Amendment).
>The USG cannot, by direct action or via an agent, cause the destruction of 
>a
>lawful business. Since the DOC has final authority over the USG root zone,
>entering the NeuStar BIZ would cause destruction or interferance with
>AtlanticRoot BIZ and would therefore be illegal. So, bottom-line, they 
>can't
>just come along and usrup it. They can try, but that would definitely
>indicate a court fight, probably with TRO's that would suspend that action.


I don't understand this.
How does the Neustar/ICANN .biz change the situation for users/ISPs who 
chose to "enhance" their settings and point to the alternate roots? Those 
people will continue seeing the AtlanticRoot .biz, and would not even know 
that USG has added .biz.
The decision would not "destroy" the business: the business will collapse if 
registrants will massively register in ICANN's .biz and not in AR's .biz, 
while it will stay healthy if things happen the other way around.
It is true that USG should not destroy a business, but should also not be 
obliged to rescue a business that goes belly up due to competition.

If you want to argue that this is a bully attitude from ICANN, that may be 
true, but OTOH there has been no bid by AR for .biz (contrary to IOD's bet 
for .web), so I don't see what could ICANN have done. Reserve it for future 
use, maybe?

>
>[IANAL - I Am Not A Lawyer. Before taking action on anything I say, you are
>encouraged to seek legal advice. ]

Maybe the disclaimer is a good idea. I would assume that the whole thing 
will end up in court, like just about everything in your part of the world 
;>)

Regards
Roberto

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