[governance] Is really Bulgarian Cyrillic .бг (.bg) similar to other Latin ccTLDs?
Daniel Kalchev
daniel at digsys.bg
Sun Nov 6 01:29:52 EST 2011
On Nov 6, 2011, at 3:36 AM, nhklein wrote:
> On 11/06/2011 12:53 AM, Paul Lehto wrote:
>>
>> To the extent possible, a statement regarding "mutual mistake of fact" is usually grounds to get out of a contract or deal or understanding, and into a new process or negotiation. It also allows both parties to save face, in that both have made a mistake. I am not familiar enough with the details of the communications and its history to know if this would possibly apply or not, but if there is some basis for it, I'd advocate serious consideration of making mutual mistake an element of a letter urging reconsideration of this (non)decision.
>>
>> Paul Lehto, J.D.
>
> Could somebody please point out where "both [parties] have made a mistake"?
It can be argued of course, with sufficient proof that both the applicant and ICANN made mistakes during this process. I understand Pauls point here and such route is indeed exploitable, but..
My observation has been, that ICANN has never ever admitted a mistake. Instead, all similar occurrences so far were handled in a different way, by introducing something "new and breakthrough" with much fanfare, that not simply resolves the issue, but is a gorgeous gift from ICANN to the community.
Whatever the course, I do believe a strong IG opinion on the way these situations are handled will be most useful. Saving face, mutual mistake admitting etc is something that only ICANN and the Bulgarian Government (and other applicants) may decide -- not our community. That is not to mean we cannot give them such advice.
Daniel____________________________________________________________
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