Re: [ga] lawyers

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

"Now the trouble about trying to make yourself stupider than you really are is that you very often succeed." (that is a quote out of the C.S. Lewis dude)
   
  The problem with evidence is that it too often is too expensive to prove and therefor is not evidence of anything and truth becomes something different. This is quite evident in psychotic behavior; facing a truth and realizing it may come at the expense of an episodic breakdown. Same with court cases. knowing what is true and then being barred from proving it due to evidenciary rules will ruin a good case.  Ergo cases do not find themselves evolved in a test tube or vaccuum, politics and morality shape our preconceptions of truth and there for Evidence. 
   
  Try this on for size; Politicians write our Laws.  Yikes!!!
   
  e

kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:
          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 ----- 
  From: Hugh Dierker 
  To: kidsearch ; Jeff Williams ; Karl Auerbach 
  Cc: ga@xxxxxxxxxxxxxx 
  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 ----- 
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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