Re: [ga] Interesting WIPO ruling re: NewZealand.biz

[eric@hi-tek.com]

Practice versus practicality is a constant struggle, ask any Prosecutor.
What is right and what is wrong is too often settled by the check book.
If it was not a unilateral decision then it must have been a conspiracy.

Bad concept here, where you lead us is wrong Chuck.
But if Roberto, Michael and Chuck agree on this we have some real legalities to
soul search.
e

"Gomes, Chuck" wrote:

> Roberto,
>
> My guess is that you did not mean to imply that the current operator made a
> 'unitlateral' decision not to enforce the conditions recommended by RFC
> 1591, but just in case some might conclude that, I would like to point out
> as has been pointed out in the past that that decision was recommended by
> Jon Postel and then followed by the current operator.
>
> Chuck
>
> > -----Original Message-----
> > From: Roberto Gaetano [mailto:ploki_xyz@hotmail.com]
> > Sent: Friday, October 18, 2002 7:54 AM
> > To: froomkin@law.miami.edu; rorenday@banxico.org.mx
> > Cc: ross@tucows.com; andy@navigator.co.nz; synthesis@videotron.ca;
> > jandl@jandl.com; ga@dnso.org
> > Subject: RE: [ga] Interesting WIPO ruling re: NewZealand.biz
> >
> >
> > Michael Froomkin wrote:
> >
> > >....  "Miscellaneous" is the key word here...
> > >
> >
> > Maybe the keyword is "enforcement".
> > The fact is that the current operator of .org has decided not
> > to enforce
> > what, in the great scheme of things, was intended to be the
> > original charter
> > of .org. The reason is simply that it was too costly.
> > There is really nothing that we can do: this is the
> > situation, and ISOC is
> > not going to be able to change it when it will take over,
> > because it can't
> > chase out from .org those who don't fit with the supposed profile.
> >
> > .int is somehow different.
> > I am convinced that some cleanup will be done. It is
> > sufficient to observe
> > the care that is given now to award a name in .int, as can be
> > seen, for
> > instance, in the reconsideration request
> > http://www.icann.org/committees/reconsideration/rc02-1.htm
> > presented in the
> > 2002-08-23 Board meeting (minutes at
> > http://www.icann.org/minutes/minutes-23aug02.htm).
> >
> > While it is obvious that this costly procedure can be, and
> > will be, applied
> > for the few names in .int, it cannot, and will not, be
> > applied for the large
> > .org.
> >
> > Regards
> > Roberto
> >
> >
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