RE: [registrars] Code of conduct & anti-trust issues

[Jim Archer <jarcher@registrationtek.com>]

Well Ross, we really don't have that option.  We can refuse to participate 
in the creation of such a document, but if we refuse to follow an 
established CoC (and who knows for sure how it gets established) then we 
could be in violation of our ICANN agreement.

Jim

--On Tuesday, August 27, 2002 5:25 PM -0400 "Ross Wm. Rader" 
<ross@tucows.com> wrote:

>> it looks like you are just jumping to conclusions. If you
>> provide some documentation to backup your belief it would be
>> welcome by all.
>
> As with all things of this nature, it is the responsibility of each
> constituency member to retain legal counsel and have them advise you of
> your risks. Its been my experience that this is much more effective than
> letting your competitors tell you what "is legal" and what isn't.
>
> If this exercise constitutes a potential breach of anti-trust law in
> your jurisdiction, according to your legal counsel, then simply don't
> participate.
>
>
>
>                        -rwr
>
>
>
>
> "There's a fine line between fishing and standing on the shore like an
> idiot."
> - Steven Wright
>
> Got Blog? http://www.byte.org/blog
>
> Please review our ICANN Reform Proposal:
> http://www.byte.org/heathrow
>
>
>
>
>> -----Original Message-----
>> From: owner-registrars@dnso.org
>> [mailto:owner-registrars@dnso.org] On Behalf Of Rick Wesson
>> Sent: Tuesday, August 27, 2002 5:12 PM
>> To: Jim Archer
>> Cc: Registrars List
>> Subject: Re: [registrars] Code of conduct & anti-trust issues
>>
>>
>>
>>
>> Jim,
>>
>> ICANN has made provisions for us to be bound by a CoC, and
>> before you say that developing such a document is an
>> "anti-competitive activity" would would mind showing us how
>> its illegal and/or anti-competitive.
>>
>> it looks like you are just jumping to conclusions. If you
>> provide some documentation to backup your belief it would be
>> welcome by all.
>>
>> thanks
>>
>> -rick
>>
>> > ICANN does not require that we adopt a CoC and even if the contract
>> > did ICANN can not enforce a provision that requires us to engage in
>> > anti-competitive activity.  If we adopt a CoC and it is
>> ilegal yto do
>> > so then it won't be ICANN who is called on the carpet, it
>> will be any
>> > member of the RC who participates in discussions on CoC.
>> >
>> > Jim
>>