Re: [ga] Thoughts/question on the WLS

[Marc Schneiders <marc@fuchsia.bijt.net>]

On Fri, 12 Jul 2002, at 09:31 [=GMT-0700], Bret Fausett wrote:

> The registrars have already tacitly agreed

You are stretching this much too far. The fact that they started a lawsuit
in stead of invoking ICANN as arbitrator does not imply that they think
ICANN should or could not do something for them. It may very well be that
they think the courts are faster.

> that not all anticompetitive acts
> taken by those under contract with ICANN are ICANN's responsibility to sort
> out. Take, for example, the recent actions by registrars and registrants
> against Verisign's direct mail renewal/transfer campaign. Tucows was just
> sued for defamation (http://comingsoon.tucows.com/.court_case//) by a
> competitor. What exactly separates the kind of business disputes that have
> recently ended up in court from the kind of business dispute that was
> detailed in the Dotster WLS letter circulated earlier this week? Why is one
> supposedly within the scope of ICANN's responsibilities while the others
> outside it?

The fact that people go to court over a topic, does not prove that the
topic is outside ICANN's scope. It could mean all sorts of things. People
could not trust the outcome of ICANN's involvement. They could want
damages, which ICANN cannot award.

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