Re: [ga] lawyers

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

My point was easy to understand. Sorry to be so blundt.
  Of course it will be done when it is advantageous to someone to do it.
  Now, who is it advantageous enough to, to spend 100k USA $ to draft it.
  Oh by the way for our point they must be an individual, or at least a class of individuals. Or USA taxpayers. (although on that note i have worked out a COA for tariff and ImEx payers to have standing)
  If i still practiced in that unruly profession i would take it on contingency. But i was raised jurisprudencially by that wild man Melvin Belli, so take that with an ocean of salt.
   
  e

kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:
  This is a multi-part message in MIME format.

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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 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
>
>
>






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-----
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Got holiday prints? See all the ways to get quality prints in your =
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  charset=3Diso-8859-1">
  
    


  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?

   

   

style=3D"PADDING-RIGHT: 0px; PADDING-LEFT: 5px; MARGIN-LEFT: 5px; =
BORDER-LEFT: #000000 2px solid; MARGIN-RIGHT: 0px">
  ----- Original Message ----- 

style=3D"BACKGROUND: #e4e4e4; FONT: 10pt arial; font-color: =
black">From:=20
href=3D"mailto:hdierker2204@xxxxxxxxx";>Hugh=20
Dierker 
  To: title=3Dkidsearch@xxxxxxxxxxxxx=20
href=3D"mailto:kidsearch@xxxxxxxxxxxxx";>kidsearch ; title=3Djwkckid1@xxxxxxxxxxxxx =
href=3D"mailto:jwkckid1@xxxxxxxxxxxxx";>Jeff=20
Williams ; href=3D"mailto:karl@xxxxxxxxxxxx";>Karl=20
Auerbach 

  Cc: title=3Dga@xxxxxxxxxxxxxx=20
href=3D"mailto:ga@xxxxxxxxxxxxxx";>ga@xxxxxxxxxxxxxx 

  Sent: Saturday, January 07, =
2006 8:44=20
AM

  Subject: Re: [ga] lawyers

  


  RICO, qui tam and fraud/conspiracy matters require a pleading of=20
particularity and knowledge that would break a fine scholars =
back.

  Mr. Karl, suggest something that is totally financially=20
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 < =
href=3D"mailto:kidsearch@xxxxxxxxxxxxx";>kidsearch@xxxxxxxxxxxxx>I>=20
wrote:

  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
ICANN is valid. They are not a government entity. Just a =
Cali=20
nonprofit org.


----- Original Message ----- 
From: =
"Jeff=20
Williams" 
To: "Karl Auerbach"=20

Cc: "kidsearch" ;=20

Sent: Friday, January 06, 2006 10:49 =
AM
Subject:=20
Re: [ga] lawyers


> Karl, Chris and all other =
interested=20
parties and/or stakeholders/users,
>
> I agree with Karl =
and=20
Chris's thoughts here and have on several
> occasions =
expressed them=20
in different terms myself in the behalf
> of our members. My =
worry or=20
concern here however is that
> DOC/NTIA could secure indemnity =
from=20
such legal actions
> should they come to pass.
>
> =
Karl=20
Auerbach wrote:
>
> > On Thu, 5 Jan 2006, kidsearch=20
wrote:
> >
> > > I speak with my lawyer, who =
you will=20
remember I said there were some
> > > uses for, and ask =
him if=20
they can stop me from doing that.
> >
> > > He =
says=20
nope. They are restraining free enterprise against a =
company
who
>=20
> > now has proven technical capabilities and has enough =
pre-orders=20
to
prove
> > > a demand for the product in =
question.
>=20
>
> > > Personally, I think it might just =
fly.
>=20
>
> > I agree, ICANN is ripe for being at the wrong end =
of legal=20
actions
> > claiming that ICANN has unfairly and improperly =
acted=20
as a combination
for
> > the purpose of restraining =
trade,=20
restricting the entry of vendors into
> > the marketplace,=20
establishing minimum prices, and prohibiting new
product
> =
>=20
innovations.
> >
> > There are several possible =
actions,=20
each with its own class of
plaintiffs
> > (I use the =
word=20
"class" intentionally).
> >
> > The registrars =
form a=20
class that can claim that they are unfairly
deprived
> > =
of the=20
ability to compete due to the imposition of=20
cross-industry
standard
> > terms and conditions as well =
as the=20
imposition of arbitrary minimum
> > registry fees.
>=20
>
> > The buyers of domain names form a much larger =
class that=20
can claim that
> > they have had to suffer artifically =
imposed=20
registry prices (that are
> > passed on via the registrars) =
and=20
suffer industry-wide terms, such as
the
> > =
privacy-busting=20
whois and the trademark-uber-alles UDRP. The damages in
> > =
this=20
case could amount to billions of dollars - enough to attract =
the
>=20
> Lerach kind of class action attorneys.
> >
> =
> Those=20
who have applied for, or perhaps even those who have thought =
to
> >=20
apply for, top level domains form yet another class. For example,=20
the
40
> > or so groups who paid $50,000 apiece to ICANN =
in 2000=20
to have their
> > applications put on infinite hold seem to =
have a=20
lot of common-ground
(and
> > since ICANN has strung =
them along=20
saying that their applications are
still
> > pending, =
I'm not=20
sure that the statute of limitations would bar an
> >=20
action.)
> >
> > And this could happen in =
virtually any=20
country that has laws that make
it
> > unlawful for =
entities to=20
conspire to limit competition, set prices,
> > constrain =
product=20
innovation, and to block new entrants from entering
the
> =
>=20
marketplace.
> >
> > Just last month a couple of =
such=20
actions were filed; I expect there to
be
> > more in the =

future.
> >
> > --karl--
>
>=20
Regards,
>
> --
> Jeffrey A. Williams
> =
Spokesman=20
for INEGroup LLA. - (Over 134k members/stakeholders strong!)
> =

"Obedience of the law is the greatest freedom" -
> Abraham=20
Lincoln
>
> "Credit should go with the performance of =
duty and=20
not with what is
> very often the accident of glory" - =
Theodore=20
Roosevelt
>
> "If the probability be called P; the =
injury, L;=20
and the burden, B;
> liability depends upon whether B is less =
than L=20
multiplied by
> P: i.e., whether B is less than PL."
> =
United=20
States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
>=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
>=20
Updated 1/26/04
> CSO/DIR. Internet Network Eng. SR. Eng. =
Network data=20
security
> IDNS. div. of Information Network Eng. INEG. =
INC.
>=20
ABA member in good standing member ID 01257402
> E-Mail=20
jwkckid1@xxxxxxxxxxxxx
> Registered Email addr with the =
USPS
>=20
Contact Number: =
214-244-4827
>
>
>


  


  
  
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href=3D"http://us.rd.yahoo.com/mail_us/taglines/holidayprints/*http://pa.=
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