Re: [ga] ICANN hypocrisy over price caps and competition in CFIT litigation

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

George and all former DNSO GA members or other interested
stakeholders/users,

   As you should know by now, hypocrisy is an ICANN trademark/common
practice.  It is also not unheard of in legal circles in litigation process
to later
find or have contradictory practice, policy and proposal introduced and/or
implemented.  P.T. Barnum said it best: "Lawyers are like politicians, they
all
lie, they just do so with remarkable dexterity."

George Kirikos wrote:

> Hello,
>
> In the proposed .biz, .info and .org contracts:
>
> http://www.icann.org/announcements/announcement-2-28jul06.htm
>
> ICANN goes even further than the .com proposed settlement with
> VeriSign, and gives these registries removal of price caps "following
> extensive consideration and discussion" (I don't recall any such public
> discussionor consultation with the ICANN community and stakeholders).
>
> However, take note of ICANN's statements in the CFIT litigation
> regarding pricing caps on May 26th:
>
> http://www.icann.org/general/litigation-cfit.htm
> http://www.icann.org/legal/cfit-v-icann/icann-reply-on-cfit-26may06.pdf
>
> "in a single supplier market, price caps are, if anything,
> procompetitive (Mot. at 13-14);" [page 1 of the document, line 13, page
>  6 of all 15]
>
> "Nowhere does CFIT address the fact that, at this point in time, all
> that ICANN and
> VeriSign have done is propose future price **limits** for .COM domain
> names, which cannot be implemented until the DOC approves the .COM
> Extension.  (Mot. at 20-22.)  And, as ICANN explained in its opening
> brief, price caps in a single supplier market are considered
> pro-competitive.  (Mot. at 13-14.)"  [page 8 of the document, line 14,
> page  13 of all 15]
>
> So, you have ICANN lawyers telling the court that price caps are
> pro-competitive in these single supplier markets (i.e. where registries
> are the single suppliers for each TLD). Indeed, it is part of ICANN's
> mission to promote competition.
>
> Yet, we have ICANN removing all price caps entirely on .biz, .info and
> .org with these proposed new contracts. Something is amiss. Wouldn't
> that contradict everything their lawyers said to the court??
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/

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]
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