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    Auerbach v. ICANN Hearing Transcript Online | Log in/Create an Account | Top | 5 comments | Search Discussion
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    A lawyer friend writes (slightly [edited] to hide
    by michael (froomkin@lawUNSPAM.tm) on Thursday August 22 2002, @06:18AM (#8647)
    User #4 Info | http://www.discourse.net/
    Thanks for posting the Auerbach transcript.

    What I got out of it is the utter incompetence of ICANN's counsel. For that they paid $350 per hour?

    I could have argued better! Even for that hopeless case.

    I mean, really, how can a professional lawyer stand up and say: "INSTEAD, WHAT ICANN TRIED TO DO, THUS FAR MAYBE NOT DOING SO WELL, ICANN TRIED TO SAY, 'WE WANT TO BE REASONABLE. WE WANT TO GIVE YOU THE RIGHT OF INSPECTION.'"

    Without knowing anything about the case you'd rule against them on the basis of that statement.

    I'd slaughter my [***] Moot students for a stunt like that.

    And this gem: "WELL, UNDER OUR UNDERSTANDING OF THE CORPORATIONS CODE, BECAUSE THE CHIEF EXECUTIVE OFFICER IS DELEGATED SPECIFIC RESPONSIBILITIES TO RUN THE DAY-TO-DAY MANAGEMENT OF THE CORPORATION, OUR VIEW WAS THAT THE CHIEF EXECUTIVE OFFICER ACTUALLY COULD HAVE SET FORTH WHAT AGAIN WHAT WE VIEW AS PROCEDURES" (meaning the restrictive rules not approved by the Board that Karl was bitching about).

    Are these guys lawyers or stand-up comedians?

    Here's another gem: "ICANN POSTS ON ITS WEBSITE, I'M GOING TO GUESS NOW, IN EXCESS OF 90 PERCENT OF THE LETTERS IT RECEIVES." This is certainly not true. In [a jurisdiction] making a misleading statement to the court would subject you to a fine.

    A real howler: "DETAILED INVOICES FROM THE LAW FIRM SINCE THE INCEPTION OF THE CORPORATION. OF COURSE THOSE DOCUMENTS ARE PRIVILEGED." To which the judge made the obvious reply: "INVOICES? WHY WOULD INVOICES BE NECESSARILY PRIVILEGED?"

    Well, at least he knew he was digging himself in deeper and deeper: "I SEE THAT I'M SWIMMING UPSTREAM HERE SO I'M NOT GOING TO SWIM TOO MUCH HARDER FOR TOO MUCH LONGER,"

    How about this one, regarding ICANN's ability to move faster than governments and act at Internet speed: ICANN: "A VERY BRIEF PERIOD OF TIME WHERE - SEVEN DAYS - WHERE WE CAN --" Judge: "THAT'S NOT VERY BRIEF, ACTUALLY, GIVEN THE CIRCUMSTANCES." ICANN: "WELL, FOR THIS CORPORATION TO ACT, IT IS."

    Cohn does a great job pleading, but then also pulls a freshman error, by trying to introduce a list at the hearing. The judge said:" THIS IS SOMETHING YOU ARE JUST GOING TO HAND TO US RIGHT NOW?" To which she replied: "I WAS PLANNING ON IT." And got promptly slammed by the judge. Why didn't she think to send it in beforehand?

    [ Reply to This | Parent ]
    Re: Auerbach v. ICANN Hearing Transcript Online
    by Anonymous on Thursday August 22 2002, @06:22AM (#8648)
    One thing that does come out of this, a California judge stated plainly what the State of California rules ICANN is, does, and should obey.
    -- THIS IS A NONPROFIT PUBLIC

    16 CORPORATION.

    17
    MR. LE VEE: YES, IT IS, YOUR HONOR.

    18
    THE COURT: PEOPLE SHOULD BE ABLE TO FIND OUT PRETTY

    19 MUCH EVERYTHING THAT IT'S DOING, AND NOT JUST WHAT IT WANTS

    20 TO PUT ON THE INTERNET EITHER. SO THAT'S WHAT THE

    21 DIRECTOR'S OBLIGATIONS ARE. SEEMS TO ME THEY ARE NOT JUST

    22 TO THE CORPORATION PER SE, BUT ALSO TO THE PUBLIC AND THE

    23 COMMERCE DEPARTMENT, OBVIOUSLY, AS WELL. AS YOU POINTED

    24 OUT, YOU KNOW, THEY ARE SORT OF, I GUESS, A PARTY IN A SENSE

    25 AS WELL.
    [ Reply to This | Parent ]
    Re: Our Legal System Is Doomed ...
    by Anonymous on Thursday August 22 2002, @06:50AM (#8649)
    ... too many lawyers and not enough work for all of them. That's why lawyers run ICANN. ICANN has more lawyers on it's board and staff than it has internet experts.

    ICANN is little more than a cashcow for Jones-Day. The invoices will probably show that.

    I wonder why the judge didn't question ICANN's need to hold meetings in remote parts of the world. After all, those meetings were brought by ICANN's lawyer as an excuse for not getting work done. Something to the effect of: Well, our meetings are in such far-away, remote places, it's simply impossible to get much work done there.

    What a hoot!
    [ Reply to This | Parent ]
    Re: Auerbach v. ICANN Hearing Transcript Online
    by Anonymous on Thursday August 22 2002, @10:50AM (#8651)
    Karl's URL for the transcript possibly being temporary, EFF now has the full transcript archived at http://www.eff.org/Cases/Auerbach_v_ICANN/20020729_auerbach_court_transcript.html.
    [ Reply to This | Parent ]


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