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<div class="moz-cite-prefix">On Saturday 09 April 2016 10:57 AM,
Seun Ojedeji wrote:<br>
</div>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">snip
<p dir="ltr">SO: Not Alejandro but I would say in theory that such
order may go to the registry first </p>
</blockquote>
I must again make it clear...I am talking about businesses owning
their own gTLD, in which case the concerned business, say
rojadirecta or 'sunpharma', taking from examples I have used, would
be its own registry.... And these will be based outside the US.
Since these, in principle, are the 'offending businesses' not
subjecting themselves to US jurisdictional orders, there is indeed
no point in sending a court order to the concerned business (which
is also its registry for its own closed gTLD) to close down its own
gLTD... Why would it do such a thing?<br>
<br>
<br>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">
<p dir="ltr">but could also go to ICANN </p>
</blockquote>
<br>
Yes, therefore, the order can only plausibly go to ICANN, which has
the means to completely remove the whole gTLD (and with precision,
nothing other than the gTLD)... A court directs its orders to all or
any agency under its jurisdiction which has means to carry it out...<br>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">
<p dir="ltr">and whether ICANN would comply depends on the
existing agreements ICANN has with the registry running
.rojadirecta. However it's one thing to receive an order, it's
another thing to comply, that's why ICANN has legal team who try
to defend/explain/educate in such cases (if it exists)</p>
</blockquote>
Dear Seun, court orders are court order, and so are of the other
empowered US agencies (those which have been seizing domain
names)... They cannot not be complied with. ICANN officials can be
arrested if they are not... Yes, you could contest them (although in
some case the contest may only follow interim observance of orders)
but then only if you succeed can you not carry out the orders. If
you do not, you simply obey them. We are talking of that very likely
eventuality. Just bec you have a legal team, and maybe an expensive
one at that, does not means you necessarily win all your cases. it
would be such a travesty of justice if this were to be the case...
How can you/ we go by the supposition that ICANN will necessarily
win all its challenges, always, especially when there is a long
history in the US of domain names siezures, and the law remains the
same as it always was....... That is very thin grounds for us to
build and sustain a global governance system like ICANN. <br>
<br>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">
<p dir="ltr">However, I guess your question above still begs the
response of asking what will be different if it was a non-US
order; will ICANN not receive an order if it's based outside
USA?</p>
</blockquote>
<br>
I dont see ICANN receiving orders unless it just have to.... and it
does not have to, in case of non US jurisdictions.<br>
<br>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">
<p dir="ltr"> Will ICANN not receive an order if it's based on
treaties?</p>
</blockquote>
<br>
Yes, of course....One of the main purposes of such a treaty would be
to earn for ICANN immunity from host country jurisdiction. All
treaty based international organisations have that..<br>
<br>
parminder <br>
<blockquote
cite="mid:CAD_dc6gE7dYr9M4dXicr5PUp-jU2h_LZ2veNyMSZdp9k9-Lmsw@mail.gmail.com"
type="cite">
<p dir="ltr">Cheers!<br>
> parminder <br>
><br>
>> This is a deep misunderstanding. No reasoning based on
this statement will lead to any valid conclusion (unless the
logic in the reasoning is as flawed as the statement.)<br>
>><br>
>> Alejandro Pisanty<br>
>><br>
>> <message tail snipped><br>
><br>
><br>
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</blockquote>
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