[governance] Big Porn v. Big Web Ruling Could Spell Trouble for ICANN / was Re: new gTLDs

Chaitanya Dhareshwar chaitanyabd at gmail.com
Tue Sep 11 12:30:57 EDT 2012


>
> Everyone discovers one day that justice is always on the side of the
> stronger party. It has been so for millenniums.
>
>

Exactly! I was trying to figure a great way to say this - but that's about
as perfect as that line can get. Always with the stronger party, so true!

(I would say 'millennia' but that's cool too)

-C


On Tue, Sep 11, 2012 at 6:03 PM, Daniel Kalchev <daniel at digsys.bg> wrote:

>  On 11.09.12 14:24, parminder wrote:
>
>
> On Tuesday 11 September 2012 03:54 PM, Riaz K Tayob wrote:
>
> Parminder
>
> One can put is also differently... if it is just US law then it does have
> de facto global application...
>
>
> Of course, it is so. Riaz. The exceptions to general rule of national
> territoriality of jurisdictions has mostly been to US's benefit, given its
> global power. The principle target of my argument was the proposition that
> other countries, especially developing ones, could exercise their
> jurisdiction, to a significant extent, over an US based institution. I
> simply see no basis for it.
>
>
> There is one fundamental problem with exercising one's sovereignty: you
> remain isolated.
> Example: the former "East Block" -- it has all the sovereignty it desired
> but it came with certain isolation from the rest of the world.
> Other examples are the various countries that experiment with their
> sovereignty only to discover they are subject to some sort of embargo.
> The world has always been this way, since "laws" exist. Most laws have as
> their primary purpose to restrict the individual's freedom (their ability
> to exercise their very own sovereignty) in exchange for "public good"
> promises etc.
>
>
>  While on the issue, exceptions to international law have also mostly been
> exercised by the US, again, because of its global power.
>
>
> Everyone discovers one day that justice is always on the side of the
> stronger party. It has been so for millenniums.
> It is the lion that eats the gazelle and would not care less if the
> gazelle intends to exercise it's sovereignty in any way.
>
> A while ago we discussed what everyone and anyone can do to behave on
> Internet. Many people mistakenly believe that ICANN has any powers when it
> comes to operation of the Internet. ICANN is just a forum. Even if you
> could usurp an forum, that won't change anything.
>
> If someone wants their country to become important player in Internet,
> then just make it so: invest in whatever infrastructure and services it
> takes and that country will be important player in Internet.
> Typically, insistence by strangers that they should control something,
> that someone else built is ignored -- unless those strangers turn out to be
> the prevailing party...
>
> Daniel
>
>
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