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    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)


     
    New gTLDs ICANN Strikes Back
    posted by michael on Wednesday September 19 2001, @05:36PM

    ICANN filed a strongly worded brief in the Smiley litigation over whether .biz is an illegal lottery.



    I wish that time permitted me to do an analysis of this interesting document - but for now I will have to leave that to our readers. (If you are new to this story, see Eprize Piles On to '.biz-Is-A-Lottery' Class Action for links.)

     
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    This discussion has been archived. No new comments can be posted.
    ICANN Strikes Back | Log in/Create an Account | Top | 12 comments | Search Discussion
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    Re: ICANN Strikes Back
    by Buckshot6 on Thursday September 20 2001, @03:14PM (#2444)
    User #2948 Info
    This is one of the most foolish things I have ever seen. I think that the time has come to call a spade a spade. ICANN is a Joke that has gone sour.

    If things don't improve, the ONLY thing left is to Ignore ICANN and move the Internet into the next wave. This will be done in many ways!

    [ Reply to This | Parent ]
    Re: ICANN Strikes Back
    by PMaggs (p-maggs @ uiuc . edu) on Friday September 21 2001, @05:59AM (#2453)
    User #3061 Info
    Neulevel's brief, cited by ICANN as the basis for claiming that this is not a lottery, is available at http://www.icann.org/legal/litigation.htm
    It cites a case, Polonsky, 121 Cal.App.3d 464 which held that a municipal sewer permit allocation scheme was not a lottery. However, the court in that case based its decision on the fact that there was "no motive of direct or indirect financial gain". Given the heavy advertising by registrars - they must have hoped to get a direct financial gain.
    [ Reply to This | Parent ]
    • 1 reply beneath your current threshold.
    ICANN's Three Strikes
    by PMaggs (p-maggs @ uiuc . edu) on Thursday September 20 2001, @07:23AM (#2432)
    User #3061 Info
    ICANN's filing contains three arguments:
    1. It's not an illegal lottery because Neulevel's latest filing says its not. (Unfortunately I haven't seen Neulevel's latest filing).l
    2. No injuction should issue against us because we have no control over Neulevel. (Remember Neulevel's original filing against Amazon.com argued was that Neulevel was controlled by ICANN, but then Neulevel dropped this argument.)
    3. Balancing the harms, no injuction should issue because of harm to all those who want to start doing business in .biz. (This is well-argued but doesn't deal adequately with the question of the harm to those who fail to get the webnames that they would have the right to get in a non-lottery system.)
    [ Reply to This | Parent ]
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