Re: [ga] .BIZ Litigation update

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

Danny and all assembly members,

DannyYounger@cs.com wrote:

> Posted to the registrars list:
> http://www.dnso.org/clubpublic/registrars/Arc01/msg01343.html
>
> I have spoken with Bret Fausett who attended the hearings yesterday and
> today and he provide me the following information listed below. Please check
> the Blog for any additional information that should be forthcoming:
> http://www.lextext.com/icann/
>
> NeuLevel disclose during the hearing that it had received 282,000 unique 2nd
> level domain names requests broken down accordingly: Class I (one applicant,
> one domain name) approx. 193,000; Class II-A (one applicant, multiple domain
> name requests) approx. 30,000; and Class II-B (multiple applicants, multiple
> requests) approx. 58,000. In connection with the Class II-B names there were
> 1.5 million requests.
>
> The Judge issued a preliminary injunction limited to the Class II-B names.
> In light of the 1.5 million requests associated with these names, the judge
> requested a 3 million payment from NeuLevel to be held in trust by the
> court. The Plaintiffs were required to post $800,000 for a total of $1.6
> million.
>
> It appears that the trial will not happen for several months to allow
> plaintiffs to conduct discovery and serve additional defendants (aka
> registrars). With regard to several registrars that previously discussed a
> possible joint defense please consider the following. The judge was
> questioning his ability to excercise jurisdiction over registrars located
> outside the US. This may be valuable information for non-US based registrars
> in determining legal counsel should you get served. Just some friendly
> (non-legal) advice.

  Two comments and/or observations:

1.) The final paragraph/comment from Michael Plage would seem to be
     particularly interesting as well as a word to the wise in the future
     direction which I suspect the ICANN BoD and staff may take
     with future registries for TLD's.

2.) Several of our members as I understand it also were in attendance.
      The fact that a judgment for a significant amount of funds from Nulevel
      would seem to bare out our contention regarding Nuelevel's original
      submission for the .BIZ TLD and their known personages involved
      in the nuelevel management with respect to attitude towards potential
      stakeholders and business methods al la CORE.

  It has been our collective opinion, and request on several occasions
posted publicly to this Forum and directly to the ICANN BoD and
staff that Nuelevel's contract and accreditation be retracted as a result
of their disregard for stakeholders and normal business norms.

>
>
> Mike

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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