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

[McTim]

On Wed, Sep 12, 2012 at 6:45 AM, parminder <parminder at itforchange.net> wrote:
>
> 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.



then there is only one solution.  ICANN should use their new gTLD cash
to buy a private island (I suggest a tropical location), declare
sovereignty and move its HQ there  ;-)

-- 
Cheers,

McTim
"A name indicates what we seek. An address indicates where it is. A
route indicates how we get there."  Jon Postel

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