Hi Kent,

Your version of history differs greatly
from my version.  Rather than highlight
your inaccuracies, again and again, over
and over, I'll just wait for a definitive
ruling in a court of law.

[Anyone who's disappointed, can simply
read the previous versions of that debate
in one of the mailing list archives.
Richard should be able to point the way.]

BTW, IODesign's suit has nothing to do
with IANA's delegation.  It is simply a
matter of CORE infringing on IODesign's
common law trademark.

Based on Ken Stubb's comments yesterday,
it would appear that even he agrees with
IODesign!

Jay.


At 03:09 PM 11/7/99 , Kent Crispin wrote:
>On Sun, Nov 07, 1999 at 12:55:42PM -0500, Jay Fenello wrote:
>[...]
> > >
> > >Here is the full text of a private email from Jon Postel to me on
> > >this topic -- normally I don't post private email, but under the
> > >circumstances this is warranted:
> >
> >
> > Hi Kent,
> >
> > I've always found your email from Jon
> > suspicious at best.
> >
> > During the many years that IODesign has claimed
> > that they have received permission from the IANA,
> > neither Bill Manning (the man who accepted IODesign's
> > check in front of witnesses), nor Jon Postel have
> > ever publicly disputed their claim.
>
>Earth to Fenello:
>
>Jon Postel was a defendant in a lawsuit brought by IODesign, a
>lawsuit where IODesign's claim's were formally and publically
>disputed by him, as well as the other defendants.
>
>Further, Jon Postel signed the gTLD-MoU, a complete repudiation of
>IODesign's claims.
>
>IODesign claims that Bill Manning, a person who did part-time work
>for IANA, authorized an exclusive franchise to IODesign for a service
>worth millions of dollars, in an informal meeting with less than half
>a dozen people who happened to show up.  IODesign has no signed
>documents to this effect.
>
>IODesign's claims don't pass the "ha ha" test.
>
> > Yet you, one of the people most responsible for
> > the failed IAHC debacle, somehow received this
> > secret communique from Jon Postel, supposedly
> > written in November of 1997.
>
>I have a number of private messages from Jon.
>
> > Yet, to the best of my knowledge, you never
> > revealed this communique until *after* Jon had
> > passed away, even though you had personally
> > disputed IODesign's claim for as long as I can
> > remember.
>
>Sure.  In my opinion IODesign's claim is absolute garbage.  In my
>opinion they blew a lot of money on what I believe is a shakey
>fly-by-night get rich scheme, and are happily throwing good money
>after bad in legal expenses.
>
> > It is for these reason's that courts do not allow
> > hearsay evidence, a concept that I'm sure the
> > readers of this list are all aware.
>
>You misunderstand.  I did not claim that Jon's letter is evidence
>appropriate for a court.  In fact I have no way myself of verifying
>that it "really" came from him, any more than I can verify that your
>email "really" came from you.
>
>But that is not the point.  I presented that letter as a succinct
>statement from Jon about his position on the matter, but there is
>really no new information there -- Jon's position is public knowledge
>to those who look.  You live in a world of press releases, and you
>appear only dimly aware that there are people who are known by their
>deeds, not their words.
>
>Jon was one such.
>
>
>--
>Kent Crispin                               "Do good, and you'll be
>[EMAIL PROTECTED]                           lonesome." -- Mark Twain

Respectfully,

Jay Fenello,
New Media Relations
------------------------------------
http://www.fenello.com  770-392-9480

"We are creating the most significant new jurisdiction
we've known since the Louisiana purchase, yet we are
building it just outside the constitution's review."
   --  Larry Lessig, Harvard Law School, on ICANN

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