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Re: [ga] lawyers
- To: kidsearch <kidsearch@xxxxxxxxxxxxx>, Jeff Williams <jwkckid1@xxxxxxxxxxxxx>, Karl Auerbach <karl@xxxxxxxxxxxx>
- Subject: Re: [ga] lawyers
- From: Hugh Dierker <hdierker2204@xxxxxxxxx>
- Date: Sat, 7 Jan 2006 11:40:08 -0800
- Cc: ga@xxxxxxxxxxxxxx
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RICO, qui tam and fraud/conspiracy matters require a pleading of particularity and knowledge that would break a fine scholars back.
Mr. Karl, suggest something that is totally financially impractical.
A single COA is but a chapter in a book.
If it could be paid for do not you think it would have been done?
e
kidsearch <kidsearch@xxxxxxxxxxxxx> 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"
To: "Karl Auerbach"
Cc: "kidsearch" ;
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
>
>
>
---------------------------------
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<DIV>RICO, qui tam and fraud/conspiracy matters require a pleading of particularity and knowledge that would break a fine scholars back.</DIV> <DIV>Mr. Karl, suggest something that is totally financially impractical.</DIV> <DIV>A single COA is but a chapter in a book.</DIV> <DIV>If it could be paid for do not you think it would have been done?</DIV> <DIV> </DIV> <DIV>e<BR><BR><B><I>kidsearch <kidsearch@xxxxxxxxxxxxx></I></B> wrote:</DIV> <BLOCKQUOTE class=replbq style="PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px solid">Only for the portion of the suit that also named them. The portion naming<BR>ICANN is valid. They are not a government entity. Just a Cali nonprofit org.<BR><BR><BR>----- Original Message ----- <BR>From: "Jeff Williams" <JWKCKID1@xxxxxxxxxxxxx><BR>To: "Karl Auerbach" <KARL@xxxxxxxxxxxx><BR>Cc: "kidsearch" <KIDSEARCH@xxxxxxxxxxxxx>; <GA@xxxxxxxxxxxxxx><BR>Sent: Friday, January 06, 2006 10:49 AM<BR>Subject: Re: [ga]
lawyers<BR><BR><BR>> Karl, Chris and all other interested parties and/or stakeholders/users,<BR>><BR>> I agree with Karl and Chris's thoughts here and have on several<BR>> occasions expressed them in different terms myself in the behalf<BR>> of our members. My worry or concern here however is that<BR>> DOC/NTIA could secure indemnity from such legal actions<BR>> should they come to pass.<BR>><BR>> Karl Auerbach wrote:<BR>><BR>> > On Thu, 5 Jan 2006, kidsearch wrote:<BR>> ><BR>> > > I speak with my lawyer, who you will remember I said there were some<BR>> > > uses for, and ask him if they can stop me from doing that.<BR>> ><BR>> > > He says nope. They are restraining free enterprise against a company<BR>who<BR>> > > now has proven technical capabilities and has enough pre-orders to<BR>prove<BR>> > > a demand for the product in question.<BR>> ><BR>> > > Personally, I th!
ink it
might just fly.<BR>> ><BR>> > I agree, ICANN is ripe for being at the wrong end of legal actions<BR>> > claiming that ICANN has unfairly and improperly acted as a combination<BR>for<BR>> > the purpose of restraining trade, restricting the entry of vendors into<BR>> > the marketplace, establishing minimum prices, and prohibiting new<BR>product<BR>> > innovations.<BR>> ><BR>> > There are several possible actions, each with its own class of<BR>plaintiffs<BR>> > (I use the word "class" intentionally).<BR>> ><BR>> > The registrars form a class that can claim that they are unfairly<BR>deprived<BR>> > of the ability to compete due to the imposition of cross-industry<BR>standard<BR>> > terms and conditions as well as the imposition of arbitrary minimum<BR>> > registry fees.<BR>> ><BR>> > The buyers of domain names form a much larger class that can claim that<BR>> > they have had to!
suffer
artifically imposed registry prices (that are<BR>> > passed on via the registrars) and suffer industry-wide terms, such as<BR>the<BR>> > privacy-busting whois and the trademark-uber-alles UDRP. The damages in<BR>> > this case could amount to billions of dollars - enough to attract the<BR>> > Lerach kind of class action attorneys.<BR>> ><BR>> > Those who have applied for, or perhaps even those who have thought to<BR>> > apply for, top level domains form yet another class. For example, the<BR>40<BR>> > or so groups who paid $50,000 apiece to ICANN in 2000 to have their<BR>> > applications put on infinite hold seem to have a lot of common-ground<BR>(and<BR>> > since ICANN has strung them along saying that their applications are<BR>still<BR>> > pending, I'm not sure that the statute of limitations would bar an<BR>> > action.)<BR>> ><BR>> > And this could happen in virtually any country that has !
laws that
make<BR>it<BR>> > unlawful for entities to conspire to limit competition, set prices,<BR>> > constrain product innovation, and to block new entrants from entering<BR>the<BR>> > marketplace.<BR>> ><BR>> > Just last month a couple of such actions were filed; I expect there to<BR>be<BR>> > more in the future.<BR>> ><BR>> > --karl--<BR>><BR>> Regards,<BR>><BR>> --<BR>> Jeffrey A. Williams<BR>> Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)<BR>> "Obedience of the law is the greatest freedom" -<BR>> Abraham Lincoln<BR>><BR>> "Credit should go with the performance of duty and not with what is<BR>> very often the accident of glory" - Theodore Roosevelt<BR>><BR>> "If the probability be called P; the injury, L; and the burden, B;<BR>> liability depends upon whether B is less than L multiplied by<BR>> P: i.e., whether B is less than PL."<BR>> United States v. Carroll!
Towing
(159 F.2d 169 [2d Cir. 1947]<BR>> ===============================================================<BR>> Updated 1/26/04<BR>> CSO/DIR. Internet Network Eng. SR. Eng. Network data security<BR>> IDNS. div. of Information Network Eng. INEG. INC.<BR>> ABA member in good standing member ID 01257402<BR>> E-Mail jwkckid1@xxxxxxxxxxxxx<BR>> Registered Email addr with the USPS<BR>> Contact Number: 214-244-4827<BR>><BR>><BR>><BR><BR></BLOCKQUOTE> <DIV><BR></DIV><p>
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