Re: [ga-roots] Re: Understanding legal precedence

[Kent Crispin <kent@songbird.com>]

On Mon, May 07, 2001 at 08:48:49AM +0200, Harald Tveit Alvestrand wrote:
> At 14:35 07.05.2001 +1000, Patrick Corliss wrote:
> >Non-member submission from ["Milton Mueller" <mueller@syr.edu>]
> >
> >Harald:
> >An incorrect statement.
> >
> >The judge did not make a decision. You cannot lose a
> >case when there is no decision. Full stop.
> 
> hmm....the request for injunctive relief was denied; this is a decision.

It was indeed.  And, whether or not it conveys a precedent, it
illustrates judicial thinking on the merits of the case.  While the
judge's understanding of the technical issues may have been limited, her
understanding of legal matters is not at issue.  She quite clearly noted
the intrinsic flaws in IODs position, eg:

    "There's insufficient evidence presented to support that there
    was an enforceable agreement that was entered into between Plaintiff
    and the Defendants."

    "I find the evidence insufficient to support either factually, or
    as a matter of law, that the Plaintiff has established that it has
    protectable proprietary interest in the term -- or the word -- term
    "dot web," "

    "There again, the anomaly we have here is that if the Plaintiff had
    its way, it would be willing to enter into an agreement with a
    combination that it believes is acting to restrain trade."

She also noted a glaring and fundamental contradiction of IOD's case --
IOD claimed both that IANA had no authority to act, but at the same time
that IOD had an agreement with IANA...

> We can agree that there was no judgment on a full-blown case, since 
> IODesign (wisely, IMHO) chose to withdraw.

I'm told from reliable sources that Skadden Arps was about to go after
IOD for court costs. 

-- 
Kent Crispin                               "Be good, and you will be
kent@songbird.com                           lonesome." -- Mark Twain
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