[ALAC] Something we didn't think about.

Carlton Samuels carlton.samuels at gmail.com
Wed Aug 21 15:22:31 UTC 2013


+1.  And one of the best points of departure for judging grievance in the
district court.

-Carlton


==============================
Carlton A Samuels
Mobile: 876-818-1799
*Strategy, Planning, Governance, Assessment & Turnaround*
=============================


On Wed, Aug 21, 2013 at 2:04 AM, Hong Xue <hongxueipr at gmail.com> wrote:

> The problem of inconsistency of the decisions lies largely in the case
> procedural management, rather than the AGK or the rules. If all 3
> objections were filed roughly at the same time, there is no reason for the
> IDRC to appoint 2 different panels.
>
> Hong
>
>
> On Wed, Aug 21, 2013 at 12:38 PM, Evan Leibovitch <evan at telly.org> wrote:
>
> > I'm not overly concerned about this from an end users perspective.
> >
> > This is a matter between warring parties within ICANN's commercial
> sectors
> > and IMO well beyond ALAC's sphere of concern. As soon as any application
> > for the string was judged to be non-confusing, what little interest
> > At-Large had in this matter vanished.
> >
> > From an end-users PoV on confusing strings, the domain name system is
> > already well-poisoned. ICANN has already been seen to be silent when
> > registrars deliberately use the confusion between .COM and .CO as a
> selling
> > point. (That CC names are beyond ICANN's ability to manage -- even when
> > being used as generics -- is a subtlety lost on the public.) And If
> nobody
> > cares about the confusion between .COM and .CO, then it's hard to get
> > suddenly concerned about confusion between .CAM and .COM (and also .CA or
> > .CAT, for that matter) and even harder to want to get involved in the
> > associated infighting.
> >
> > The only product that I have extracted from this event is entertainment.
> I
> > find the variety in rulings (two applications for a string non-confusing,
> > but a third application for the exactly same string judged to be
> confusing)
> > to be highly amusing in its inconsistency. As Alan has said, the AGB
> rules
> > don't anticipate this, so a few more lawyers will be blessing ICANN's
> > existence to pay for their Range Rovers.
> >
> > Certainly there are those who won't find this funny, But to someone like
> me
> > who believes the current gTLD expansion is a stupendous mistake, this
> event
> > is just Business as Usual. It's one more demonstration of the many
> > unintended consequences that such a botched effort was sure to produce.
> > Many have been revealed so far and there sill surely be more to come,
> > including some that will be far more severe than this. And given its
> scale,
> > its complexity, and the sheer greed that motivated much of it,
> anticipating
> > all consequences of the expansion was simply impossible.
> >
> > IMO, one of ALAC's ongoing roles in this is to track and filter these
> > consequences, focused on minimizing harm from those after-effects that
> will
> > affect end-users. This is not one of them, from what I can tell.
> >
> > - Evan
> >
> >
> >
> > On 20 August 2013 12:57, Alan Greenberg <alan.greenberg at mcgill.ca>
> wrote:
> >
> > > At 20/08/2013 11:53 AM, Olivier MJ Crepin-Leblond wrote:
> > >
> > >  On 20/08/2013 17:20, Alan Greenberg wrote:
> > >> > Hindsight says that we should have insisted that all string
> similarity
> > >> > objections be groups together, suing the sum-total of the arguments
> > >> > for and against. But in our collective wisdom, we didn't.
> > >> Substitute /we/ with /ICANN/
> > >>
> > >
> > > Not really, that was a real WE. Plenty of opportunities for all of us
> to
> > > have caught this earlier...
> > >
> > >
> > >
> > >  Also, nice Freudian slip of suing -> using.
> > >>
> > > Oops
> > >
> > >
> > >
> > >
> > > ______________________________**_________________
> > > ALAC mailing list
> > > ALAC at atlarge-lists.icann.org
> > > https://atlarge-lists.icann.**org/mailman/listinfo/alac<
> > https://atlarge-lists.icann.org/mailman/listinfo/alac>
> > >
> > > At-Large Online: http://www.atlarge.icann.org
> > > ALAC Working Wiki:
> > https://community.icann.org/**display/atlarge/At-Large+
> > > **Advisory+Committee+(ALAC)<
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> > >
> > >
> >
> >
> >
> > --
> > Evan Leibovitch
> > Toronto Canada
> >
> > Em: evan at telly dot org
> > Sk: evanleibovitch
> > Tw: el56
> > _______________________________________________
> > ALAC mailing list
> > ALAC at atlarge-lists.icann.org
> > https://atlarge-lists.icann.org/mailman/listinfo/alac
> >
> > At-Large Online: http://www.atlarge.icann.org
> > ALAC Working Wiki:
> >
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
> >
>
>
>
> --
> Professor Dr. Hong Xue
> Director of Institute for the Internet Policy & Law (IIPL)
> Beijing Normal University
> http://www.iipl.org.cn/
> 19 Xin Jie Kou Wai Street
> Beijing 100875 China
> _______________________________________________
> ALAC mailing list
> ALAC at atlarge-lists.icann.org
> https://atlarge-lists.icann.org/mailman/listinfo/alac
>
> At-Large Online: http://www.atlarge.icann.org
> ALAC Working Wiki:
> https://community.icann.org/display/atlarge/At-Large+Advisory+Committee+(ALAC)
>



More information about the ALAC mailing list