Re: [ga] Court oversight

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Veni and all,

Veni Markovski wrote:

> 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.

Well Veni, this is a over simplification and a mis characterization of
the case in which you refer.  Ergo, it has little to do with "Court
oversight" in any context.  I would also point out ICANN is
not a Bulgarian corp.

>
>
> >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 both the legal right and responsibility by contract to oversee
it's own registries and registrars by contract.

>
>
> >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?

ICANN is a contracted regulator to DOC/NTIA.

>
>
> Sincerely,
> Veni Markovski
> http://www.veni.com
>
> check also my blog:
> http://blog.veni.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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