Re: [ga] lawyers

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Chris and all former DNSO GA members or other interested stakeholders/users,

ICANN is more than JUST a cali non-profit corp.  They also contracted
to the DOC/NTIA in a rather unique manner.  Hence my earlier comments.

kidsearch wrote:

> Only for the portion of the suit that also named them. The portion naming
> ICANN is valid. They are not a government entity. Just a Cali nonprofit org.
>
> ----- Original Message -----
> From: "Jeff Williams" <jwkckid1@xxxxxxxxxxxxx>
> To: "Karl Auerbach" <karl@xxxxxxxxxxxx>
> Cc: "kidsearch" <kidsearch@xxxxxxxxxxxxx>; <ga@xxxxxxxxxxxxxx>
> Sent: Friday, January 06, 2006 10:49 AM
> Subject: Re: [ga] lawyers
>
> > Karl, Chris and all other interested parties and/or stakeholders/users,
> >
> > I agree with Karl and Chris's thoughts here and have on several
> > occasions expressed them in different terms myself in the behalf
> > of our members.  My worry or concern here however is that
> > DOC/NTIA could secure indemnity from such legal actions
> > should they come to pass.
> >
> > Karl Auerbach wrote:
> >
> > > On Thu, 5 Jan 2006, kidsearch wrote:
> > >
> > > > I speak with my lawyer, who you will remember I said there were some
> > > > uses for, and ask him if they can stop me from doing that.
> > >
> > > > He says nope. They are restraining free enterprise against a company
> who
> > > > now has proven technical capabilities and has enough pre-orders to
> prove
> > > > a demand for the product in question.
> > >
> > > > Personally, I think it might just fly.
> > >
> > > I agree, ICANN is ripe for being at the wrong end of legal actions
> > > claiming that ICANN has unfairly and improperly acted as a combination
> for
> > > the purpose of restraining trade, restricting the entry of vendors into
> > > the marketplace, establishing minimum prices, and prohibiting new
> product
> > > innovations.
> > >
> > > There are several possible actions, each with its own class of
> plaintiffs
> > > (I use the word "class" intentionally).
> > >
> > > The registrars form a class that can claim that they are unfairly
> deprived
> > > of the ability to compete due to the imposition of cross-industry
> standard
> > > terms and conditions as well as the imposition of arbitrary minimum
> > > registry fees.
> > >
> > > The buyers of domain names form a much larger class that can claim that
> > > they have had to suffer artifically imposed registry prices (that are
> > > passed on via the registrars) and suffer industry-wide terms, such as
> the
> > > privacy-busting whois and the trademark-uber-alles UDRP.  The damages in
> > > this case could amount to billions of dollars - enough to attract the
> > > Lerach kind of class action attorneys.
> > >
> > > Those who have applied for, or perhaps even those who have thought to
> > > apply for, top level domains form yet another class.  For example, the
> 40
> > > or so groups who paid $50,000 apiece to ICANN in 2000 to have their
> > > applications put on infinite hold seem to have a lot of common-ground
> (and
> > > since ICANN has strung them along saying that their applications are
> still
> > > pending, I'm not sure that the statute of limitations would bar an
> > > action.)
> > >
> > > And this could happen in virtually any country that has laws that make
> it
> > > unlawful for entities to conspire to limit competition, set prices,
> > > constrain product innovation, and to block new entrants from entering
> the
> > > marketplace.
> > >
> > > Just last month a couple of such actions were filed; I expect there to
> be
> > > more in the future.
> > >
> > >                 --karl--
> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> > "Obedience of the law is the greatest freedom" -
> >    Abraham Lincoln
> >
> > "Credit should go with the performance of duty and not with what is
> > very often the accident of glory" - Theodore Roosevelt
> >
> > "If the probability be called P; the injury, L; and the burden, B;
> > liability depends upon whether B is less than L multiplied by
> > P: i.e., whether B is less than PL."
> > United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
> > ===============================================================
> > Updated 1/26/04
> > CSO/DIR. Internet Network Eng. SR. Eng. Network data security
> > IDNS. div. of Information Network Eng.  INEG. INC.
> > ABA member in good standing member ID 01257402
> > E-Mail jwkckid1@xxxxxxxxxxxxx
> >  Registered Email addr with the USPS
> > Contact Number: 214-244-4827
> >
> >
> >

Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
   Abraham Lincoln

"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt

"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing  (159 F.2d 169 [2d Cir. 1947]
===============================================================
Updated 1/26/04
CSO/DIR. Internet Network Eng. SR. Eng. Network data security
IDNS. div. of Information Network Eng.  INEG. INC.
ABA member in good standing member ID 01257402
E-Mail jwkckid1@xxxxxxxxxxxxx
 Registered Email addr with the USPS
Contact Number: 214-244-4827