ICANN/GNSO GNSO Email List Archives

[ga]

<<< Chronological Index >>>    <<< Thread Index >>>

Re: [ga] legal action

  • To: kidsearch <kidsearch@xxxxxxxxxxxxx>, ga@xxxxxxxxxxxxxx
  • Subject: Re: [ga] legal action
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Sun, 21 May 2006 14:55:24 -0700 (PDT)
  • Domainkey-signature: a=rsa-sha1; q=dns; c=nofws; s=s1024; d=yahoo.com; h=Message-ID:Received:Date:From:Subject:To:In-Reply-To:MIME-Version:Content-Type:Content-Transfer-Encoding; b=32QWL+ubqNhV13LC7JDKC+LwxQvVTXv3SAP5NtoodS/jGzb/7ixvl92amreg6tS/MYNZmDYBntcY0XJWrnD4f84fL9cCyzlRjSeTDOHWCbeC9JKoKi8kA/ATuRcrF/f1currp4Lq3c2O2giBE13sCb5LLJ+PLCEzLn20v3vtz44= ;
  • In-reply-to: <002901c67d1c$cbbaa180$0201a8c0@kidsearch4>
  • Sender: owner-ga@xxxxxxxxxxxxxx
Chris,
   
  First of all a lawsuit does not create a legal precedence. There are thingies called reports that are records of appellate type decisions that create precedence. So you would ask; Isn't a decision by a trial court on the facts presented to it, helpful to someone in another case? Usually not. Hence while a MacDonald may win a lawsuit against MacDonalds on a trademark issue a dude with a hambuger joint named Micky Dees may lose. 
  For what you are speaking it would require at least a lawsuit brought to enforce a greater good by something like a member of a class. And then an importante issued would need to be appealed and then only that issue would be benefited by the precedence.
  A group or representative needs to sue them to enforce the provisions of their contract with the government, a government that seems happy the way things are at present.
   
  e

kidsearch <kidsearch@xxxxxxxxxxxxx> wrote:
          As I and others on this list have said before, the only way we can force ICANN to live up to what it is supposed to do is through litigation. If this lawsuit goes to court and wins, then it will set a precedent that holding up the creation of new TLDs has it's consequences.
   
  http://www.theregister.co.uk/2006/05/19/icm_sues_us_government/
   
   
  Chris McElroy AKA NameCritic
  http://www.articlecontentprovider.com
   


		
---------------------------------
Love cheap thrills? Enjoy PC-to-Phone  calls to 30+ countries for just 2¢/min with Yahoo! Messenger with Voice.
<<< Chronological Index >>>    <<< Thread Index >>>