Re: [ga] Court oversight

[Jeff Williams <jwkckid1@xxxxxxxxxxxxx>]

Geroge and all,

 Thank you for being more precise and demonstrating to poor Veni
with ICANN's own lawyers statements as supporting documentation.

I hope yet again, Veni is now properly informed/educated.

George Kirikos wrote:

> Hello,
>
> --- Veni Markovski <veni@xxxxxxxx> wrote:
> > 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?
>
> You're simple-minded. As ICANN's lawyers have said in court:
>
> http://www.circleid.com/posts/print/icann_tiered_pricing_tld_biz_info_org_domain/
>
> ""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]
>
> As Vint Cerf has said in regards to the "last mile":
>
> http://judiciary.senate.gov/testimony.cfm?id=1937&wit_id=5416
>
> "One can think of these safeguards collectively as constituting a ?Law
> of Nondiscrimination? governing the Internet?s on-ramps The somewhat
> paradoxical end result was a regulatory regime applied to underlying
> last-mile facilities that allowed the Internet itself to remain open
> and unregulated as designed. Indeed, it is hard to imagine the
> innovation and creativity of the commercial Internet in the 1990s ever
> occurring without those minimal but necessary market safeguards already
> in place."
>
> "In short, the broadband carriers will have every incentive to use
> market power to squeeze Internetbased companies to pay for more than
> just the network resources they actually use. Small businesses and
> entrepreneurs in particular will suffer enormously under such a
> scheme."
>
> "Without Net Neutrality, Carriers Will Seek To Leverage Their Market
> Power as
> Gatekeepers to the Internet"
>
> And the most lovely quote of all:
>
> http://www.infoworld.com/article/06/07/17/HNnetneutralitypioneers_1.html?BROADBAND
>
> "What's worse than a regulated monopoly? The answer is, an unregulated
> monopoly."
>
> Only someone with a very limited understanding of economics would
> suggest that it is not ICANN's duty to regulate single-supplier markets
> like registry operators. Unregulated monopolies are disastrous.
>
> Sincerely,
>
> George Kirikos
> http://www.kirikos.com/
>
> P.S. Props to John Berryhill for bringing the last quote to my attention.

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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