Re: [ga] Re: iCANN's protection

[Dave Crocker <dhc2@dcrocker.net>]

At 12:56 AM 4/17/2001, DPF wrote:
>On Mon, 16 Apr 2001 21:20:24 -0700, Kent Crispin wrote:
>
> >1) While extremely erudite, the paper is fundamentally just a legal
> >*theory*, justified by obscure and abstruse legal research.
>
>Why does the fact you find his research hard to understand (dictionary
>definition of abstruse) mean it is any less valid?

Why do you focus on one term and ignore the rather long list of other 
issues about the paper?

By the way, when something is difficult to understand, it is less likely 
that it can be validated.


> >4) All this would perhaps not matter if Froomkin were an objective
> >observer, but he is not.
>
>Being objective is to be "Uninfluenced by emotions or personal
>prejudices".  I am not aware Michael has any commercial interests
>which would lead to be not objective or that he has any personal
>prejudices.

Prof. Froomkin's biases are clear and consistent.  He seeks to criticize 
ICANN.  He seeks to do it vigorously and at every turn.  His motives might 
be less clear, though the instant he starts getting public exposure for his 
efforts, then it is clear that he is serving to promote his career.


>Apart from the fact you disagree with what he says in what other way
>is Michael not objective?

Perhaps you should consider re-reading Kent's note again and more 
carefully.  You appear to have missed the focus of concerns that he raises.

I'll make your task simpler:

1.  Prof. Froomkin's paper is interesting from an academic standpoint, but 
has received no demonstration of legal force.  The best that can be said 
about it is that graduate law student deemed it worthy of publication.

2.  A substantial number of practising attorneys have come to very 
different conclusions that Prof. Froomkin and there is nothing about Prof. 
Froomkin's history to suggest that he is smarter or more experienced than 
they are.

But, really, try reading Kent's note more carefully.

d/

----------
Dave Crocker   <mailto:dcrocker@brandenburg.com>
Brandenburg InternetWorking   <http://www.brandenburg.com>
tel: +1.408.246.8253;   fax: +1.408.273.6464

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