Re: [wg-c] Avery-Dennison decision and new gTLDs

[Milton Mueller <mueller@syr.edu>]

Dave Crocker wrote:

> In the context and style the statement was made, it asserts that judges
> aren't competent  to do their job.

No. In general, I was praising the Avery-Sumpton decision.

To say that judges "do not understand" a particular economic/technical fact about
DNS is not a "sweeping assertion of judicial incompetence." Indeed, one should not
expect judges to be aware of impending policy decisions, especially when they are
not even being made in a legislative arena. How could a judge in a federal court be
expected to know:

a) that technically, there is no obstacle to thousands of new gTLDs
b) that .com was automatically filled in by browsers, but that this could be done
away with with the release of new versions
c) that numerous naming technologies are in the works that could alter the
"special" status of dot com in the medium term.
d) that ICANN is currently considering new gTLDs?

> The sweeping assertion of incompetence is probably based on a tiny sampling
> of the population of judges and, further, is a questionable assessment even
> of that tiny sampling.
>
> That is why I expressed an interest in the BASIS rather than just relying
> on the conclusion.

In general, your comments seem to be based more on animosity toward their
originater them than on any substantive issue.