Auerbach v. ICANN Hearing Transcript Online
Date: Thursday August 22 2002, @02:48AM
Topic: Lawsuits and Judicial Decisions

Want to see justice in action? The full transcript of the hearing in Auerbach v. ICANN is available online, at least temporarily, at Karl Auerbach's web site.

Schadenfreude? No. More a revelation of how ICANN seess the world. And note this:

[THE COURT:] THIS AUDIT COMMITTEE, WHAT DOES IT CONSIST OF AS

10 FAR AS THE MEMBERSHIP?

11 MR. LE VEE: THE AUDIT COMMITTEE ONLY CONSISTS OF

12 DIRECTORS. THERE ARE FOUR DIRECTORS, I BELIEVE; MAYBE

13 THREE.

14 THE COURT: AND NONE OF THESE PEOPLE HAS EVER LOOKED

15 AT A SINGLE RECORD BEFORE THIS CAME UP?

16 MR. LE VEE: NO DIRECTOR HAD REVIEWED PURSUANT TO AN

17 INSPECTION REQUEST --

18 THE COURT: WELL, I THINK THAT'S A RATHER SAD

19 COMMENTARY, SEEMS TO ME, TO HAVE COMPLETELY IGNORED

20 EVERYTHING FOR FOUR YEARS.
PS. Want to bet that the ICANN conflicts committee still hasn't met? And won't so long as Karl is a member of it?

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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?

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