Re: [ga] Death Struggle in Name Space

[Jeff Williams <jwkckid1@ix.netcom.com>]

Roeland and all remaining assembly members,

Roeland Meyer wrote:

> > From: Patrick Corliss [mailto:patrick@quad.net.au]
> > Sent: Friday, April 13, 2001 11:56 PM
>
> > > I see ICANN dropping .biz as highly unlikely. It is a
> > desirable name, they'd
> > > almost certainly be sued by the people they just gave it
> > to, and backing down
> > > on the decision would make them look extremely foolish.
>
> > > Methinks the people running the non-ICANN .biz should be
> > trying to arrange
> > > some sort of deal with the new ICANN .biz folks. The former
> > presumably have
> > > customers; the latter need customers. Maybe some sort of
> > deal is possible.
> >
> > 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.
> > Who would invest
> > money in setting up a TLD like .dog or .cat if they knew that
> > ICANN could come
> > along at any time and just usurp it?
>
> 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.

  This argument according to our legal folks is essentially correct.  The
outcome of such a legal process would to some degree depend on the
legal folks presenting each side of the issue, however, and whether
or not Atlantic Root wanted to pursue it.  The cost would be significant
as well, but this approach has a better than average chance of
settling the issue or existing out-of-ICANN TLD's as being valid.
The precedent would be huge no matter which way the legal decision
would go.

  The down side of this approach/method is the follow-on civil actions
that would likely follow, IE.  Microsoft...  However if some of you recall
Esther Dyson declared open warfare some time ago now, so ICANN
will get what it deserves, win or lose.

  The other method would be to let DOC decide....  This is what is pending
now.  It is flip of a coin as to which way DOC will go however.  I
personally prefer this approach/method.  And it could still leave the
legal action approach open for out-of-ICANN TLD's/Registries should
DOC's position not be favorable.  I know that DOC knows this...

>
>
> [IANAL - I Am Not A Lawyer. Before taking action on anything I say, you are
> encouraged to seek legal advice. ]
>
> > That's why the whole "alternative" community are united in
> > their opposition.
> >
> > What people forget is the opposite argument.  If ICANN does
> > NOT get .biz
> > operational then ICANN is effectively beaten back from any
> > alternate TLD which
> > has been activated.  These are becoming increasingly
> > numerous.  It would mean
> > that ICANN's scope of operations would become more and more
> > constrained over
> > time.
>
> Possibly. However, off-shore TLDs maybe not so protected. Their defense
> against this is to define a standard registry SLA.
>
> > Both operators of .biz (legacy and alternate) are just pawns
> > in a death struggle.
> >
> > It's more like the "cold war" where neither can win but
> > neither can afford to
> > lose.  Of  course, like the cold war, the struggle itself
> > might cause one or
> > other side to collapse internally.   If you look at it
> > realistically, New.Net
> > shows that it is not easy to call who will be the winner.
>
> IMHO, it's an indicator, but may not be definitive as you think.
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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