Re: [ga] ICANN role in enforcing court orders in domain name disputes

[eric@hi-tek.com]

This really should not be looked at in a singular fashion.

Court orders are equal with a law.  All citizens and Corporations should
comply with such as long as the do not conflict with other law or order, or
sound moral conviction.  But very few laws or orders require us to act they
simply require us to restrain from acting.  A positive injunction requiring
that a third party, not privy to an original lawsuit, to act is quite rare
and seldom appropriate. In fact generally jurisdictional issues prohibit
such an order.

Therefor it is easy to conclude that when ICANN acts in such matters it
does so for reasons other than compliance with the law.  There is no court
order requiring ICANN to act in this matter.

So why have they acted at all?  Out of good or bad motive?  Out of an
attempt to side with a big media player against a smaller one in order to
curry favor?  This is a good test of morality.  Do what is right - nothing,
or do what is expedient and self serving?

Easy for me to answer but it must be hard for Louis, Andrew and Start.

Sincerely,
Eric

Thomas Roessler wrote:

> On 2002-04-10 15:47:44 -0400, James Love wrote:
>
> >Is there some policy guidance as to when ICANN should jump in and
> >take matters into its own hands to enforce one nation's court
> >orders in a cross border dispute over jurisdiction?  (There is no
> >court order asking ICANN to do anything).
>
> I seem to understand that paragraph 3(b) of the UDRP is believed to
> be applicable.  Maybe Dan Steinberg, who represents the GA on the
> UDRP task force, can shed some more light onto this.
>
> --
> Thomas Roessler                          http://log.does-not-exist.org/
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