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RE: [ga] Spamhaus et al et al et al
- To: "Michael D. Palage" <Michael@xxxxxxxxxx>, "'ga'" <ga@xxxxxxxxxxxxxx>
- Subject: RE: [ga] Spamhaus et al et al et al
- From: Hugh Dierker <hdierker2204@xxxxxxxxx>
- Date: Sat, 14 Oct 2006 15:24:58 -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=axvCmUmst8/q71HkpZOF0W64xHttUEXO62bn3+umNQmsWXjPfLVXiZlc5m/8H+sA+D/ywW/fAfbH1Rhcb6eIzoi6PKtDXjbjZRHLHIwEa3bu7T3Hr6yMmqbE3pfnBt2zRaJvYO6xCebKSPwXWIuCcc4UI2RB/FQp3KdbCoh8pLc= ;
- In-reply-to: <000201c6efdc$d7ff8a90$6601a8c0@dnsconundrum>
- Sender: owner-ga@xxxxxxxxxxxxxx
Oh make no mistake a District Court can long arm and order just about anyone to do anything. (appeals aside). Especially if any type of substantial business is done in his jurisdiction. ICANN may be technically correct - but what are they going to do if in fact ordered to order tucows to do something - Say no!? But in this case the Judge does not have to do it and so he will not. Take that to the two cent bank ;-)
e
"Michael D. Palage" <Michael@xxxxxxxxxx> wrote:
Hugh,
Actually a district court can order a registrar or registry to transfer
a domain name. You need to look no further than the litigation involving
AOL.ORG in which the district court order the .ORG registry operator to
transfer the domain after the foreign registrars failed to comply with
its original order, see
http://www.cov.com/download/content/brochures/aol.pdf.
Hopefully you appreciate this shorter two cent factual statement to your
question :-)
Best regards,
Michael
-----Original Message-----
From: owner-ga@xxxxxxxxxxxxxx [mailto:owner-ga@xxxxxxxxxxxxxx] On Behalf
Of Hugh Dierker
Sent: Saturday, October 14, 2006 5:42 PM
To: ga
Subject: [ga] Spamhaus et al et al et al
Declan does his usual good job on this article;
http://news.com.com/2061-10796_3-6124737.html
I don't know that Tucows or PIR can delete the name either based upon
ICANNs logic. If it ain't in the contract it can't be done - hum di di
dum. I don't think that would quite wash with a District Judge. I never
got what would be the basis for injucntive relief anyway. Seems like any
and all alleged injury can be remedied by monetary relief.
And besides that isn't spamhaus selling it services for a fee based on
choice. Seems like the plaintiff is whining, but spamhaus is equally
lackluster in its' defense.
e
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