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Re: [ga] DMCA Takedown Procedures in revised .xxx appendix S

  • To: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Subject: Re: [ga] DMCA Takedown Procedures in revised .xxx appendix S
  • From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
  • Date: Wed, 07 Mar 2007 00:40:13 -0800
  • Cc: Karl Auerbach <karl@xxxxxxxxxxxx>, Danny Younger <dannyyounger@xxxxxxxxx>, Roberto Gaetano <roberto@xxxxxxxxx>, ga@xxxxxxxxxxxxxx, icann board address <icann-board@xxxxxxxxx>, icann staff <icann-staff@xxxxxxxxx>
  • Organization: INEGroup Spokesman
  • References: <987981.65905.qm@web52907.mail.yahoo.com>
  • Sender: owner-ga@xxxxxxxxxxxxxx

Dr. Dierker and all,

  As I recall it was ICANN itself that recommended .XXX.  So,
what does ICANN think, that any Domain names registered
in the .XXX name space are going to be choir boy and/or
politically correct?  Not likely.

  Secondly, the adult industry represented as domain names
is a reality that isn't going to disappear as a result of
DCMA Takedown Procedures, and .XXX is not the
TLD of choice for the adult industry.

Finally, DOC/NTIA has already nixed .XXX.

Hugh Dierker wrote:

>    This "fast track" approach to really rather complicated matters
> should be stricken. The Internet does not require us to reinvent
> jurisprudence (perhaps prudence being key here).
>   Karl's model is the only one that makes any sense at all. Hundreds
> of years of developing legal structure should not be erased by some
> untrained personnel within a few month's time.
>
>   Eric
>
> Karl Auerbach <karl@xxxxxxxxxxxx> wrote:
>   Danny Younger wrote:
>
> > 5. Rapid Takedown
>
> Woof, that's pretty close to the method used to judge witches - throw
> 'em into the river, if they drown they are not witches, if they live
> they are witches and must to be burned at the stake.
>
> ICANN, however, is already using an even more pro-trademark method -
> it
> denies existence to any TLD that does not agree to follow ICANN's
> trademark-uber-alles kangaroo court system (UDRP). For example, my
> .ewe
> TLD is neutral and leaves such disputes to be fought among the actual
> parties in the national and international legal systems. That means
> that .ewe will not be allowed into ICANN's closed marketplace of TLDs.
>
> In the world of ICANN, restraint of trade is not an evil, it is a way
> of
> life.
>
> --karl--
>
>
>
>

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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