[governance] RE: Human rights and new gTLDs
Bret Fausett
bfausett at internet.law.pro
Mon Oct 1 13:05:31 EDT 2007
On Oct 1, 2007, at 8:52 AM, Avri Doria wrote:
> - lotteries have legal constraints. (my favorite - when something
> is already unpredictable might as well let the fates decide.
> personally i think that if people knew it would be subjected to
> luck they would be quicker to find a compromise solution)
Avri, during my time on the Council, I heard this voiced at the
Amsterdam meeting, and I thought we had put it to rest. There is no
legal constrain whatsoever on random selection. Coin flips and names
in a hat are perfectly legal ways to decide something, if other
mechanisms fail. A lottery, on the other hand, is a completely
different beast, and is governed by law, at least in the United
States. In a lottery, you pay money for a chance, and if you are not
selected in the lottery, you lose the money you paid for the chance.
Because of the "lose-your-money" factor, lotteries are deemed second
cousins to gambling.
I agree with you on the chance factor having a coercive effect on
compromise. You can still do that.
-- Bret
--
Bret Fausett (skype me at "lextext")
smime.p7s is a digital signature
http://www.imc.org/smime-pgpmime.html
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