Re: [ga] Froomkin's antitrust advice

[eric@hi-tek.com]

I want to make sure that my dialogue with Dr. Froomkin was in no means
meant to demean his great
paper.
The cases cited on pages 3, 23, 24,25 and 26 are great research.  And
his recital of facts are,
from what I can tell completely accurate and well drafted.

I only meant to point out the difference in practice and probability of
successes.
I do definitely believe that ICANN is a violating company of the Sherman
Act.
But what the heck do I know.

Eric

Jeff Williams wrote:

> Joe and all assembly members,
>
> Joe Sims wrote:
>
> > Mark Lemley does know what he is talking about on antitrust subjects.
>
>   Interesting assertion here Joe as Mark is listed as antitrust specialist..
>
> >
> > Unfortunately, he apparently relied on Froomkin for his ICANN knowledge,
> > since the factual portion of the article is just as screwed up and
> > distorted as other work by Froomkin.
>
>   Look Joe, we all know hand have known that you do not like
> Prof. Fromkin.  That's fine.  he doesn't care for me too much either.
> That is not way justifies this comment.  This document that Froomkin
> and Lemley jointly published is just a paper for review.  I am sure
> it shall receive some serious review.  It is in no way advice as
> you seem to wish to characterize it.  Nor was it offered as such.
>
> > So, unfortunately, Mark's antitrust
> > knowledge, as applied to those facts, is not very helpful.  But, as
> > Jonathan says, people can read it for themselves and form their own
> > opinion.  As I said in my previous note, this is mine.
>
> Your entitled to your opinion.  In point of fact as you state it
> above your opinion is tainted and also based on a false assumption
> regarding Mark Lemley.  Hence it appears pretty obvious to me,
> as it has now to a number of others, that you are simply grandstanding.
> That tactic if applied with great skill and gile may work sometimes
> in a court of law, and sometimes it will get you held in contempt.
> Here you are addressing lay people as well as some legal folks.
> You have and will likely be getting more of the contempt type
> of reaction than not.  That does not aid ICANN in any
> positive way..
>
>   In any event, Joe I disagree with your opinion as it is predominantly
> not based in fact nor is it of reasonable merit, but more borne of
> personal dislike for Prof. Froomkin.
>
> >
>
> >
> >
> > Joe Sims
> >
> >
> >                     Jonathan
> >                     Weinberg             To:     Joe Sims <jsims@JonesDay.com>
> >                     <weinberg@mail.m     cc:     ga@dnso.org
> >                     sen.com>             Subject:     Re: [ga] Froomkin's antitrust advice
> >
> >
> >                     09/25/02 08:38
> >                     PM
> >
> >
> >
> >            It is precisely because Froomkin is not himself an antitrust
> > expert that he co-authored his article on "ICANN and Antitrust" with Mark
> > Lemley, who *is* an antitrust expert.
> > <http://www.law.berkeley.edu/faculty/profiles/facultyProfile.php?facID=173>
> > I guarantee that their article is worth careful examination; list members
> > who read it can make up their own minds as to its merits.
> > <http://personal.law.miami.edu/~froomkin/articles/icann-antitrust.pdf>
> >
> > Jon
> >
> > Jonathan Weinberg
> > weinberg@msen.com
> >
> > On Wed, 25 Sep 2002, Joe Sims wrote:
> > > I suggest that readers take Professor Froomkin's advice on antitrust with
> > a
> > > very large grain of salt; it would be an understatement to say he is not
> > an
> > > antitrust expert.  Any competent antitrust lawyer would tell you that
> >
> > --
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>
> 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
>
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