Re: [ga] Court oversight
At 04:54 PM 09.10.2006 '?.' -0700, Karl Auerbach wrote: In any modern system in any country one would hope that anyone who believes that they have been harmed can seek an impartial examination of their claim. Do you really believe, as your comment suggests, that we want a world in which people can be harmed or constrained but not have recourse to impartial processes to ask why and request a remedy? Well... suing McDonalds for serving coffee, which is hot, is a little bit beyond my understanding of being harmed. In Bulgaria such a case would have been solved by the judge orally, rejecting the request, by saying, "it's coffee, it's always hot, go away". In the US that's a case for millions of dollars. To my mind it is very clear that ICANN has indeed created this situation. And because there were loud and clear warnings from even before ICANN's birth ICANN is not in a good position to claim that it created this situation by accident. No, the situation is created by the two parties. The judge thinks "how can I stop it"? And he goes to ICANN. What will happen now depends on a number of actions, and we'll see. In anycase, regardless what contracts ICANN has made, and to what extent they are relevant in this case, any judge has the right to issue anything, related to ICANN. ICANN doesn't seem to have the legal authority to do this, at least I don't see it. ICANN has, instead of doing its proper job, danced its way into being a centralized planning agency a la the Soviet Union of 1935. ICANN dictates all kinds of economic and business matters that not only have There's a contradiction here. Let me ask you: shall the market define the prices for domains? ICANN has been blamed in the past for acting like a regulator. What do you think? Sincerely, Veni Markovski http://www.veni.com check also my blog: http://blog.veni.com
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