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

[parminder]

On Wednesday 12 September 2012 03:49 PM, McTim wrote:
> Not true, they would certainly appeal if they lost (which they won't). 
> The new gTLD fee was high, mostly because the US is a litigious place. 
> They are well capable of defending themselves. 

Yes, appeal to another US court(s), all of which will apply the relevant 
US law... And what happens if ICANN loses the appeal(s). For the purpose 
of my present argument it is bad enough even if it loses partly, as in, 
say, the courts holds that .xxx can stay but the registry agreement must 
be amended in such and such manner.

.. You say confidently, they wont lose.... But a governance system 
cannot stand on pre judging the outcomes of all the cases that will ever 
come against it as necessarily in its favour, can it,  vis a vis a 
jurisdiction that it is clearly and fully subject to. And not being 
ready at all for the scenario of what happens if they lose even one 
case, even partly, whereby they are forced to do something on a US 
court's order vis a vis their global governance role.....

That is the point.

parminder


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