At 08:18 AM 4/2/99 -0800, Kent Crispin wrote:
>On Thu, Apr 01, 1999 at 10:44:41PM -0800, Roeland M.J. Meyer wrote:
>[...]
>
>> >Uh, Roeland, if ICANN decides that it needs to change to a Swiss
>> >corporation, what are you going to do? Sue in Swiss Court? Do you
>> >have a Swiss trademark?
>>
>> Irrelevant, they're definitely NOT going to do that, the USG won't let
>> them, period. Are you going to claim otherwise?
>
>1) Yes, I am going to claim otherwise. The USG has an oversight
>role for ICANN at this point in time; that won't continue
>indefinitely. The USG has made that very clear, and there is strong
>pressure from other governments to get the USG out of this role.
... and stronger pressure from Congress to keep it in the USA.
>2) I'm sure that ICANN has no intention at this point of
>incorporating in another country, but it would be trivial for them
>to do so at any time -- it's a political issue, not a legal one.
If you don't see that it's both then you're hopeless, clueless, and
useless. Congress will get involved so fast, your head would spin off. They
are barely tolerant of the process as it is playing out now. In case you
don't know, Congress *makes* the laws in the US. If they get involved, it
is not only a political issue, it can and will become a legal issue shortly
thereafter.
Do you so soon forget what the primary issue was, with the gTLD-MoU and the
USG? (Hint: Something about a Suiss location). That's why the DOC/NTIA has
it now. It was rudely taken from NSF for that very reason.(<sheesh> I can't
believe that you're so dense!)
>3) The general point is that you are operating with provincial
>blinders -- your scheme *depends* on certain assumptions of
>jurisdiction, and doesn't generalize to an international context.
Nope, I am simply acknowledging political and legal reality, rather than
pipe-dreaming.
I'm going to quit responding to you. It's not good for my equilibrium.
___________________________________________________
Roeland M.J. Meyer -
e-mail: mailto:[EMAIL PROTECTED]
Internet phone: hawk.lvrmr.mhsc.com
Personal web pages: http://staff.mhsc.com/~rmeyer
Company web-site: http://www.mhsc.com
___________________________________________________
Lead, follow, get out of the way .... pick one!
