Re: [ga] legal questions

[Eric Dierker <eric@hi-tek.com>]

Jefsey,

In 1982 while I was working with an old guy named Melvin Belli, we sat and drank
brandy early one morning as we had finally concluded our Jury profiling.  He
kicked the table with his trademark black cowboy boots and said it is passion
that wins court cases not legal niceties.  Right and wrong must be presented to
the triers of both fact and law and you had better be good and right.

If the lawyer is both competent and passionate ICANN is screwed, blued and
tattoed. But these folks are gunslingers.  The question is not whether your
observations are legally correct but rather can the outsiders afford the Sharpe
and enough men riding shotgun to provide him with his day at High Noon.

Real bad words; Marketing, lawyers, lobbying, Pollywogs.  But the techies are
proving that their hatred of the other makes them patsies for the other.
Somebody wake up these idiots and explain to them that just because they are
technically correct don't mean squat.

Eric

Jefsey Morfin wrote:

> when I consider the contractual reservation of domain names through the
> gTLD contracts, the organization of the sunrise period through these same
> contracts, the GAC motion to reserve national DNs in ".info", I feel that
> this is direct and indirect co-management of a registrar activity.
>
> 1) This seems to conflict with the ByLaws which say that the ICANN has is
> forbidden to act as a Registry and a Registrar.
>
> 2) Let suppose these matters would not be contracted, but submitted to a
> declaration by the TLD Manager listing the reserved DNs and accepting full
> responsibility for organizing the sunrise period, ICANN globally accepting
> that statement or not.
>
> Would this permit the ICANN to bear a lower responsibility in the .biz case?
> Could the violation of the ByLaws above (if any) be a point against the
> ICANN in the .biz case?
> If violation of the ByLaws, could the personal responsibility of Staff and
> Directors be engaged if ICANN lost the case?
>
> Jefsey
>
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