Re: [ga] ICANN vs. Reality

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

Alan and all assembly members,

Allan Liska wrote:

> -----BEGIN PGP SIGNED MESSAGE-----
> Hash: MD5
>
> Hello John,
>
> Wednesday, December 4, 2002, 11:58:50 AM, you wrote:
>
> JBPDJD> L. Touton:
>
> JBPDJD> "In fact, the offering of defensive registrations appears likely to minimize
> JBPDJD> some of the start-up issues that can arise in a TLD's introduction. Giving
> JBPDJD> those with registered trademark rights a simple vehicle to block conflicting
> JBPDJD> registrations should minimize the potential for one type of lawsuit that can
> JBPDJD> complicate a TLD's introduction."
>
> JBPDJD> Reality:
>
> JBPDJD> ICANN AND REGISTRARS SUED OVER SUNRISE PERIOD OF NEW TLDS
> JBPDJD> An Orlando Business Journal report suggests that ICANN and
> JBPDJD> registrars including Afilias have been sued by a Florida man
> JBPDJD> over the use of sunrise periods for new TLDs.  The suit
> JBPDJD> claims ICANN required registrars to include the sunrise
> JBPDJD> provisions in the new TLDs.  ICANN declined comment.
> JBPDJD> http://orlando.bizjournals.com/orlando/stories/2002/12/02/story3.html
>
> I don't think those two statements are conflicting at all

  Well I am sure that John, like myself and our legal staff are not
overly surprised and such a statement from a ill informed layman...

>
> Specifically, the first quote says "minimize the potential for one
> type of lawsuit".  It does not state that there will be no lawsuits.

  Indeed true.  However Louis's statement is no less in error
as to John's comments and reference.  In fact he is showing the
contrary.  Louis's legal prowess was shown very clearly in
Karl Auerbach's successful legal action against ICANN, amongst
a host of other legal actions pending against ICANN's "Accredited"
Registries, and Registrars and those that have been settled.  The
introduction of more such legal actions will continue and rightfully
so as the TLD process as well as the "Accreditation" determination
is of questionable value or legality.

>
>
> Where domains are concerned it seems there are always people willing
> to file lawsuits, and of course there are always lawyers willing to
> take people's money -- whether or not the case has any validity (not
> saying this is not a valid case, I don't really know the details).

  TLD's are TOP Level Domains, not Domains, Allan...

>
>
> No matter how a new domain is introduced you are going to have people
> who don't get the name they want, there is no way to prevent that from
> happening, and inevitably someone is going to sue -- I hardly think
> you can blame people's propensity to file lawsuits on ICANN.

  I and it seems that a growing number of others obviously disagree with
this statement as stated.  It ia also clear that a number of legal jurisdictions
both internal to the US and especially outside the US, are also not
in agreement with what you state here as well.  ICANN can easily
avoid any legal action and the BoD and Staff know what they need to
do to so.  Louis's comment above, is not a good method obviously...

>
>
> allan
> - --
> Allan Liska
> allan@allan.org
> http://www.allan.org
>
> -----BEGIN PGP SIGNATURE-----
> Version: 2.6
>
> iQCVAwUAPe5AEykg6TAvIBeFAQG4tgP/RPzQyCKs62HJiPIpZSuZ4y+H6GLKUqDR
> aeyRpQHTBxDjt1XOcug8dRFJTfj2/8RPrDyOBCisbqiFZ/CiYATXCiO3BorHsDxo
> H8fll4KFMiS3PAQp/IyNvItUgtPcTe7ENIjS4rm2x+VTRL2KhJJCg1fjPdcb6P0d
> /TUKc6cc3Rc=
> =g0oc
> -----END PGP SIGNATURE-----
>
> --
> This message was passed to you via the ga@dnso.org list.
> Send mail to majordomo@dnso.org to unsubscribe
> ("unsubscribe ga" in the body of the message).
> Archives at http://www.dnso.org/archives.html

Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


--
This message was passed to you via the ga-full@dnso.org list.
Send mail to majordomo@dnso.org to unsubscribe
("unsubscribe ga-full" in the body of the message).
Archives at http://www.dnso.org/archives.html