Re: [ga] Re: IRT Final Report is an abomination and wholly unbalanced

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

George,
 
Your a genius.  Extremely bright and intellectual in your analysis. You view 
right and wrong, black and white with an engineer's precision.
 
Would you please take just a moment and look up a few words: Empathy, Social, 
Persuasion and Passion.  Take just a few moments longer and get away from the 
definitions and contemplate how we talk of and use such words.
 
(did you know that there are about 20 subcultures that think, and speak in such 
a way that when you hold a rock out in your hand and release it -- the earth 
comes up to meet it?)*
 
We do not generally use the language of "unconscionable" for reports. That term 
is basically reserved for contracts and acts.  Yes words and reports can 
elevate themselves to "acts" or actions.  But it is not usually helpful to 
discuss them as such. Simple reason:
Prior Restraint. We do not want to restrict or limit discussions and reports 
and debate by punishing one for opinions -- or we would end up not hearing 
them. And that would be socially unconscionable. You in general have been in 
favor or limiting participation and restricting those with access to those whom 
you deem appropriate yet you complain about lack of inclusiveness. Quite odd.
 
I would suggest in this case that if you are truly as upset as you write that 
you "convince" others to see things your way. You would probably have to slow 
down and explain to some of us less enlightened what you mean. 
 
*I use this to show that you cannot just assume everyone is on the same page as 
you.

--- On Sat, 5/30/09, George Kirikos <gkirikos@xxxxxxxxx> wrote:


From: George Kirikos <gkirikos@xxxxxxxxx>
Subject: [ga] Re: IRT Final Report is an abomination and wholly unbalanced
To: irt-final-report@xxxxxxxxx
Cc: ga@xxxxxxxxxxxxxx
Date: Saturday, May 30, 2009, 1:01 AM




Just a quick followup, I believe that this report, if implemented as policy 
rises, to the level of unconscionability in legal terms:

http://en.wikipedia.org/wiki/Unconscionable

What will happen, IRT team, when legitimate registrants pre-emptively sue 
ICANN, VeriSign/PIR (no one cares about new gTLDs, but they do care about 
.com/net/org), and the URS providers on the day after any URS policy goes into 
effect, as that would be the only mechanism available to "white-list" valuable 
domains and websites that have been registered and used in good faith by 
legitimate companies to prevent them from being disrupted and subject to the 
egregious lack of due process in the URS? Some folks like to take 2 week 
holidays, especially when they've owned a domain for 10 years! Because the IP 
Tort Bar

http://online.wsj.com/article/SB124121851177078835.html

was too greedy, asking for too much, they might actually end up getting nothing 
at all (or even facing damages) when everything gets through the courts. Take a 
look at the .biz lottery, if you need a lesson in history. Make sure all your 
ducks are in a row.

>From the Wikipedia article,

"Usually for a court to find a contract unconscionable the party claiming 
unconscionability will have to prove both that there was a problem with the 
substance of the contract and the process through which that contract was 
formed. The substantive problem will usually be the consideration, but could 
also be the terms, interest payments, OR OTHER OBLIGATIONS THE COURT FINDS 
UNFAIR." (emphasis added)

You can take this letter as notice that ICANN should preserve all records that 
exist of the IRT's secret deliberations (including all emails, MP3 recordings, 
transcripts, etc.), and IRT members may expect to be called as witnesses in 
order to demonstrate the "process" through which that contract was formed (and 
in particular the history). At least the IRT members can get more free travel, 
being deposed and testifying in court. IRT members are used to being 
complainants and attacking others, and it would be interesting to see if their 
defence is as good as their offence.

Sincerely,

George Kirikos
President
Leap of Faith Financial Services Inc.
http://www.leap.com/