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Re: [ga] lawyers
- To: Hugh Dierker <hdierker2204@xxxxxxxxx>, Jeff Williams <jwkckid1@xxxxxxxxxxxxx>, Karl Auerbach <karl@xxxxxxxxxxxx>
- Subject: Re: [ga] lawyers
- From: kidsearch <kidsearch@xxxxxxxxxxxxx>
- Date: Sat, 7 Jan 2006 11:42:15 -0800
- Cc: ga@xxxxxxxxxxxxxx
- Sender: owner-ga@xxxxxxxxxxxxxx
- User-agent: Mutt/1.4.2.1i
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Hey Hugh, what if people had said, "If the Internet was feasible, don't =
you think it would already have been done". Something not having been =
done yet is no evidence that it cannot or should not be done. Don't you =
agree?
----- Original Message -----=20
From: Hugh Dierker=20
To: kidsearch ; Jeff Williams ; Karl Auerbach=20
Cc: ga@xxxxxxxxxxxxxx=20
Sent: Saturday, January 07, 2006 8:44 AM
Subject: Re: [ga] lawyers
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 -----=20
From: "Jeff Williams"=20
To: "Karl Auerbach"=20
Cc: "kidsearch" ;=20
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]
> =
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D
> 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
>
>
>
-------------------------------------------------------------------------=
-----
Yahoo! Photos
Got holiday prints? See all the ways to get quality prints in your =
hands ASAP.
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<DIV><FONT face=3DArial size=3D2>Hey Hugh, what if people had said, "If =
the Internet=20
was feasible, don't you think it would already have been done". =
Something not=20
having been done yet is no evidence that it cannot or should not be =
done. Don't=20
you agree?</FONT></DIV>
<DIV><FONT face=3DArial size=3D2></FONT> </DIV>
<DIV> </DIV>
<BLOCKQUOTE=20
style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
<DIV style=3D"FONT: 10pt arial">----- Original Message ----- </DIV>
<DIV=20
style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black"><B>From:</B>=20
<A title=3Dhdierker2204@xxxxxxxxx =
href=3D"mailto:hdierker2204@xxxxxxxxx";>Hugh=20
Dierker</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>To:</B> <A =
title=3Dkidsearch@xxxxxxxxxxxxx=20
href=3D"mailto:kidsearch@xxxxxxxxxxxxx";>kidsearch</A> ; <A=20
title=3Djwkckid1@xxxxxxxxxxxxx =
href=3D"mailto:jwkckid1@xxxxxxxxxxxxx";>Jeff=20
Williams</A> ; <A title=3Dkarl@xxxxxxxxxxxx =
href=3D"mailto:karl@xxxxxxxxxxxx";>Karl=20
Auerbach</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>Cc:</B> <A =
title=3Dga@xxxxxxxxxxxxxx=20
href=3D"mailto:ga@xxxxxxxxxxxxxx";>ga@xxxxxxxxxxxxxx</A> </DIV>
<DIV style=3D"FONT: 10pt arial"><B>Sent:</B> Saturday, January 07, =
2006 8:44=20
AM</DIV>
<DIV style=3D"FONT: 10pt arial"><B>Subject:</B> Re: [ga] lawyers</DIV>
<DIV><BR></DIV>
<DIV>RICO, qui tam and fraud/conspiracy matters require a pleading of=20
particularity and knowledge that would break a fine scholars =
back.</DIV>
<DIV>Mr. Karl, suggest something that is totally financially=20
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 <<A=20
=
href=3D"mailto:kidsearch@xxxxxxxxxxxxx";>kidsearch@xxxxxxxxxxxxx</A>></=
I></B>=20
wrote:</DIV>
<BLOCKQUOTE class=3Dreplbq=20
style=3D"PADDING-LEFT: 5px; MARGIN-LEFT: 5px; BORDER-LEFT: #1010ff 2px =
solid">Only=20
for the portion of the suit that also named them. The portion=20
naming<BR>ICANN is valid. They are not a government entity. Just a =
Cali=20
nonprofit org.<BR><BR><BR>----- Original Message ----- <BR>From: =
"Jeff=20
Williams" <JWKCKID1@xxxxxxxxxxxxx><BR>To: "Karl Auerbach"=20
<KARL@xxxxxxxxxxxx><BR>Cc: "kidsearch" <KIDSEARCH@xxxxxxxxxxxxx>;=20
<GA@xxxxxxxxxxxxxx><BR>Sent: Friday, January 06, 2006 10:49 =
AM<BR>Subject:=20
Re: [ga] lawyers<BR><BR><BR>> Karl, Chris and all other =
interested=20
parties and/or stakeholders/users,<BR>><BR>> I agree with Karl =
and=20
Chris's thoughts here and have on several<BR>> occasions =
expressed them=20
in different terms myself in the behalf<BR>> of our members. My =
worry or=20
concern here however is that<BR>> DOC/NTIA could secure indemnity =
from=20
such legal actions<BR>> should they come to pass.<BR>><BR>> =
Karl=20
Auerbach wrote:<BR>><BR>> > On Thu, 5 Jan 2006, kidsearch=20
wrote:<BR>> ><BR>> > > I speak with my lawyer, who =
you will=20
remember I said there were some<BR>> > > uses for, and ask =
him if=20
they can stop me from doing that.<BR>> ><BR>> > > He =
says=20
nope. They are restraining free enterprise against a =
company<BR>who<BR>>=20
> > now has proven technical capabilities and has enough =
pre-orders=20
to<BR>prove<BR>> > > a demand for the product in =
question.<BR>>=20
><BR>> > > Personally, I think it might just =
fly.<BR>>=20
><BR>> > I agree, ICANN is ripe for being at the wrong end =
of legal=20
actions<BR>> > claiming that ICANN has unfairly and improperly =
acted=20
as a combination<BR>for<BR>> > the purpose of restraining =
trade,=20
restricting the entry of vendors into<BR>> > the marketplace,=20
establishing minimum prices, and prohibiting new<BR>product<BR>> =
>=20
innovations.<BR>> ><BR>> > There are several possible =
actions,=20
each with its own class of<BR>plaintiffs<BR>> > (I use the =
word=20
"class" intentionally).<BR>> ><BR>> > The registrars =
form a=20
class that can claim that they are unfairly<BR>deprived<BR>> > =
of the=20
ability to compete due to the imposition of=20
cross-industry<BR>standard<BR>> > terms and conditions as well =
as the=20
imposition of arbitrary minimum<BR>> > registry fees.<BR>>=20
><BR>> > The buyers of domain names form a much larger =
class that=20
can claim that<BR>> > they have had to suffer artifically =
imposed=20
registry prices (that are<BR>> > passed on via the registrars) =
and=20
suffer industry-wide terms, such as<BR>the<BR>> > =
privacy-busting=20
whois and the trademark-uber-alles UDRP. The damages in<BR>> > =
this=20
case could amount to billions of dollars - enough to attract =
the<BR>>=20
> Lerach kind of class action attorneys.<BR>> ><BR>> =
> Those=20
who have applied for, or perhaps even those who have thought =
to<BR>> >=20
apply for, top level domains form yet another class. For example,=20
the<BR>40<BR>> > or so groups who paid $50,000 apiece to ICANN =
in 2000=20
to have their<BR>> > applications put on infinite hold seem to =
have a=20
lot of common-ground<BR>(and<BR>> > since ICANN has strung =
them along=20
saying that their applications are<BR>still<BR>> > pending, =
I'm not=20
sure that the statute of limitations would bar an<BR>> >=20
action.)<BR>> ><BR>> > And this could happen in =
virtually any=20
country that has laws that make<BR>it<BR>> > unlawful for =
entities to=20
conspire to limit competition, set prices,<BR>> > constrain =
product=20
innovation, and to block new entrants from entering<BR>the<BR>> =
>=20
marketplace.<BR>> ><BR>> > Just last month a couple of =
such=20
actions were filed; I expect there to<BR>be<BR>> > more in the =
future.<BR>> ><BR>> > --karl--<BR>><BR>>=20
Regards,<BR>><BR>> --<BR>> Jeffrey A. Williams<BR>> =
Spokesman=20
for INEGroup LLA. - (Over 134k members/stakeholders strong!)<BR>> =
"Obedience of the law is the greatest freedom" -<BR>> Abraham=20
Lincoln<BR>><BR>> "Credit should go with the performance of =
duty and=20
not with what is<BR>> very often the accident of glory" - =
Theodore=20
Roosevelt<BR>><BR>> "If the probability be called P; the =
injury, L;=20
and the burden, B;<BR>> liability depends upon whether B is less =
than L=20
multiplied by<BR>> P: i.e., whether B is less than PL."<BR>> =
United=20
States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]<BR>>=20
=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=
=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D=3D<BR>>=20
Updated 1/26/04<BR>> CSO/DIR. Internet Network Eng. SR. Eng. =
Network data=20
security<BR>> IDNS. div. of Information Network Eng. INEG. =
INC.<BR>>=20
ABA member in good standing member ID 01257402<BR>> E-Mail=20
jwkckid1@xxxxxxxxxxxxx<BR>> Registered Email addr with the =
USPS<BR>>=20
Contact Number: =
214-244-4827<BR>><BR>><BR>><BR><BR></BLOCKQUOTE>
<DIV><BR></DIV>
<P>
<HR SIZE=3D1>
Yahoo! Photos<BR>Got holiday prints? <A=20
=
href=3D"http://us.rd.yahoo.com/mail_us/taglines/holidayprints/*http://pa.=
yahoo.com/*http://us.rd.yahoo.com/mail_us/taglines/photos/evt=3D38089/*ht=
tp://pg.photos.yahoo.com/ph//print_splash">See=20
all the ways</A> to get quality prints in your hands=20
ASAP.</BLOCKQUOTE></BODY></HTML>
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