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    This discussion has been archived. No new comments can be posted.
    Dotster Case Documents on ICANN Site (Pool.com coming soon?) | Log in/Create an Account | Top | 1 comments | Search Discussion
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    Jeffrey Levee and Jones Day - Lazy, Liars, or Dumb
    by jberryhill on Thursday September 04 2003, @05:05PM (#12164)
    User #3013 Info

    When you read things that ICANN paid good money for, such as the Defendant's Brief signed by attorney Jeffrey Levee, and you see things in it that simply aren't true, you are left with the three-fold mystery: Lazy, Liar, or Stupid.

    This case is a non-starter for reasons discussed thoroughly elsewhere, but one wonders, at the rates these jokers charge, how a factual howler like the following ends up in their brief.

    Levee asserts that in order to have relative certainty at catching a dropping name, a consumer "must sign up with and pay each and every registrar" offering a drop-catching service (page 3). This assertion is noted in several places throughout the brief.

    It is pretty sad that nobody bothered to actually check out the models of "each and every" registrar that offers such services, because there are several models, including models in which the consumer does not pay one red cent *unless* the name is caught by the service. It is interesting that the WLS service was approved on a "pay whether or not the name drops" basis, instead of a "pay only if you get the name" basis, if "consumer benefit" was the motivating factor for the entire WLS pushing match.

    So, you have three choices. Levee was either (a) Lazy - he apparently relied on Dan Halloran's apparent ignorance of registrars offering a "pay only if you get the name" model and didn't bother to check out reality, (b) Liar - he knows darn well that the statement is factually incorrect, or (c) just plain too stupid to know the truth.

    How hard is it to simply check out the "sign-up" page at Namewinner.com, run by the lead plaintiff, and understand the following sentence:

    "This information will be used for billing when we successfully obtain a domain for you."

    This extensive piece of research took me all of about 45 seconds. I guess at Jones Day's billing rates, telling the truth is too expensive.
    [ Reply to This | Parent ]

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