Re: [ga] Thoughts/question on the WLS

[William X Walsh <william@wxsoft.info>]

Sorry, Bret, but a case could be made for a party to always have a
remedy at law, and thus allow ICANN to avoid making any decisions.

That is just not reasonable or workable.

Saturday, July 13, 2002, 1:54:17 PM, Bret Fausett wrote:

> Thomas Roessler wrote:
>> Nobody could disagree with this.  As I said before, WLS has some
>> aspects which may best be dealt with in court, and some aspects
>> which can _only_ be dealt with within the ICANN process...

> That's just right! What I'm trying to articulate -- and I'm doing a fair
> amount of thinking out loud here -- is a decision-making philosophy for
> ICANN by which ICANN looks to defer a decision to another forum/arbiter
> whenever possible. It decides only those matters that only it can decide.

> This might mean making a determination as to whether the WLS created
> instability for the .com TLD or the Internet as a whole. It might mean
> examining other technical issues associated with the implementation of WLS.

> But if the registrars had a remedy at law for a registry's anticompetitive
> behavior, then ICANN would intentionally pass on that issue, taking care to
> preserve everyone's legal rights so they could be pursued elsewhere.

> Of course, if ICANN had adopted such a decision-making philosophy from the
> beginning, we never would have had the UDRP. But it's easy to grant the UDRP
> a special grandfather status in a reformed ICANN and look to narrow ICANN's
> mission for the future to those matters that only it can deal with
> effectively.

>     -- Bret





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-- 
Best regards,
William X Walsh <william@wxsoft.info>
--
Save Internet Radio!  
CARP will kill Webcasting!
http://www.saveinternetradio.org/


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