[governance] Big Porn v. Big Web Ruling Could Spell Trouble for ICANN / was Re: new gTLDs
Milton L Mueller
mueller at syr.edu
Mon Aug 27 14:25:42 EDT 2012
Parminder,
No, it will make European/ Indian decision applicable *only* to ICM registry and *not* to the ICANN. This is a straight forward and obvious fact despite your very clever attempt to twist it to suit you.
Ø don't assume everyone is trying to apologize for imperialism when they are
Ø simply explaining things to you. I know it's sometimes embarrassing to be wrong
Ø in public, but it happens to all of us.
Ø
Ø If ICANN - which, like Google or Microsoft, also operates in Europe - was found to be a
Ø co-conspirator to dominate the market for porn with a domain name registry then
Ø European antitrust law would be as applicable as US law. See how EU antitrust actions
Ø have affected Intel, MSFT and, potentially, Google.
Ø
Ø But of course, it IS true that if ICANN is found to violate California Corporation law
Ø then California law would be applicable in special ways that no other jurisdiction would have.
Ø However, by this standard people like me outside of California are as disenfranchised as
Ø you are. In other words, I have no more say and representation in California law than you do.
Ø I do not vote for its legislature, I do not pay it taxes (thank God).
Ø Now, either you are forced to admit that 80% of the US is subject to the same injustice as
Ø you or (as I suspect will happen) you will continue to play the US card because that kind
Ø Of identity politics is more effective at getting people lathered up, just like Japanese/Chinese/
Ø Korean nationalism over small dead rocks in the sea
And your solution to this problem is? As a key political actor in this space you must have some kind of a possible solution, and a possible roadmap to it.
Ø Read my book
Ø (sorry Bill, did it again. But in this case, perhaps warranted?)
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