Re: [ga] lawyers

[Hugh Dierker <hdierker2204@xxxxxxxxx>]

The additional contractual obligations generally lend to more coas not less.
  usgov entities still are sued. you simply have to know how and then know how you can do it at the same time as your suit against a nonprofit. jurisdictional issues and claims statutes a paramount. something akin to underwater brain surgery during an earthquake in the sophistry sense. simply more complicated.
   
  e

Jeff Williams <jwkckid1@xxxxxxxxxxxxx> wrote:
  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" 
> 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
> >
> >
> >

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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