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

[Chaitanya Dhareshwar]

(Kidding) Sealand?

http://en.wikipedia.org/wiki/Principality_of_Sealand

On Wed, Sep 12, 2012 at 6:53 PM, McTim <dogwallah at gmail.com> wrote:

> 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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