Re: [ga] response to UDRP TF member message

[Eric Dierker <ERIC@HI-TEK.COM>]

I would like to revisit this issue in a different more global light.  Staff
puts out most of the position papers for ICANN.  I think it would be fair to
assume Mr. Cerf and Mr. Lynn's letters and papers go through Staff.  Staff
basically consists of lawyers. I think that is a fatal flaw, but nevertheless
true.

With that said I have a logical problem.  I think that we would do well not to
make the same kind of error on the other hand Mr. Mueller makes a good point.
I would rather our contribution be more of the "lay" variety but clearly you do
not send a grade school teacher to do battle with highly trained legal
combatant.

So by heavily waiting the top with legal experts they have defined the terms of
battle.  We ignore it and we will end up with martyrs, by engaging it we lose
one more link to dotcommoners.  I do not think a strick requirement should be
made, but we must determine our represenative to be an advocate and mouthpiece
for the GA.  Those type of skills must be present in our Rep. But I also do not
see anyone being considered who is not adequate in this regard.

Sincerely,
Eric

Sotiris Sotiropoulos wrote:

> Of course, none of my studies excuse my use of the singular "is" when
> the point of reference was a plurality (tricks).  LOL
>
> RE my response below:
>
> I have studied rhetoric and formal logic extensively, there is not many
> tricks a
> lawyer can swing by me... In any case, there are others on this list who
> have some formal training in argumentation, albeit not many.
> Personally, I thrive on rigourous arguments (of which I've seen little
> evidence in the GA generally -from lawyers and non).  As for legal
> rulings... everybody has to do their homework, lawyers included-
> research skills are not limited to lawyers.  With respect to
> negotiating... is this supposed to be a task force or a marketplace?
>
> Best Regards,
>
> Sotiris Sotiropoulos
>
> Milton Mueller wrote:
>
> > If you don't know lawyer's tricks you will, to put it none too politely,
> > get your butt sewed up in a sling by people who do. The people on
> > this committee will be evaluating legal standards of procedure, legal
> > rulings, and negotiating primarily with other lawyers.
> >
> > >>> Sotiris Sotiropoulos <sotiris@hermesnetwork.com> 06/30/01 01:14PM >>>
> > With all due respect Milton, I cannot agree that a law degree/background
> > should be any kind of prerequisite in this instance.  Seems to me that
> > the surfeit of lawyers making up the various task forces, committees,
> > WIPO etc. to date are the reason the UDRP is where it is...
> >
> > Milton Mueller wrote:
> >
> > > Please appoint someone from the GA who has
> > > a law background as well as Internet knowledge.
> > >
> > > --Milton Mueller
> > > --
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