[CCWG-ACCT] .Africa Preliminary Injunction

[Nigel Roberts]

You miss the point of what the judge says.

He's says the Yedaly Declaration is self-serving. Which it is.

Or in other words, the Rice-Davies Principle applies.

https://en.wikipedia.org/wiki/Mandy_Rice-Davies#.22He_would.2C_wouldn.27t_he.3F.22


On 13/04/16 19:00, Seun Ojedeji wrote:
> We can disagree on this Milton, I never mentioned public interest in my
> statement! My views were derived from the buildup and not the final
> conclusion. Look at the second to the last paragraph of section D. I
> quote relevant part below:
>
> "....ICANN argues that a delay in delegating .Africa will prejudice the
> African community’s efforts
> to participate in the Internet economy and strengthen their technology
> sectors....",
>
> Then the court says:
>
> "....The AUC’s relationship with ZACR, and its interest in preventing
> the delay of issuing rights to .Africa creates a conflict of
> interest.Therefore, on this point, the
> Court accords little weight to the Yedaly Declaration ..."
>
> SO: The AUC supported ZACR (as part of the application requirement), I
> find it quite unfortunate that such further view from AUC would be found
> to create conflict of interest. If AUC did not write such, who else
> should do so; I mean which other source of interest from Africa will not
> form conflict in this matter?
>
>  >
>    "...On balance, the Court finds it more *prejudicial to
> the African community*....., if the delegation of .Africa is made...."
>  >
> SO:  That is the section that provoked my previous view and I still
> stand by it; Who is the US court to conclude that it will be harmful to
> Africa community even when the AUC is pushing otherwise. This process
> has just taken too long than necessary.
>
> Nevertheless, I will stop here and look forward to the outcome of the
> case filed by ICANN as indicated by Paul.
>
> Regards
>
> Sent from my LG G4
> Kindly excuse brevity and typos
>
> On 13 Apr 2016 5:34 p.m., "Mueller, Milton L" <milton at gatech.edu
> <mailto:milton at gatech.edu>> wrote:
>
>     Seun____
>
>     The court does not make a ruling on the public interest of Africans.
>     It makes a ruling on the right of DCA to obtain an injunction
>     against ICANN to stop it from delegating the name. Its approach to
>     the public interest in this case is that “the public has an interest
>     in the fair and transparent application process that grants gTLD
>     rights.” This pertains to ICANN globally, not to Africans
>     specifically. ____
>
>     __ __
>
>     In other words, the court is not ruling about whether .Africa being
>     run by DCA or the AUC is better, it is deciding that ICANN’s process
>     for making the decision was unfair and biased.____
>
>     __ __
>
>     *From:*accountability-cross-community-bounces at icann.org
>     <mailto:accountability-cross-community-bounces at icann.org>
>     [mailto:accountability-cross-community-bounces at icann.org
>     <mailto:accountability-cross-community-bounces at icann.org>] *On
>     Behalf Of *Seun Ojedeji
>     *Sent:* Wednesday, April 13, 2016 12:20 PM
>     *To:* Nigel Roberts <nigel at channelisles.net
>     <mailto:nigel at channelisles.net>>
>     *Cc:* accountability-cross-community at icann.org
>     <mailto:accountability-cross-community at icann.org>
>     *Subject:* Re: [CCWG-ACCT] .Africa Preliminary Injunction____
>
>     __ __
>
>     Isn't it interesting that a US court is able to determine that
>     delegating .Africa is harmful to Africa internet users even though
>     AU affirms otherwise. ____
>
>     Things like this is what makes some to always raise ICANN
>     jurisdiction issue. Nevertheless, I will recognise the fact that any
>     other jurisdiction court could also act in a similar manner.____
>
>     That said, I had thought there would be indications on what date the
>     next hearing will be (to ascertain the supposed fairness)____
>
>     Regards
>     Sent from my LG G4
>     Kindly excuse brevity and typos____
>
>     On 13 Apr 2016 5:03 p.m., "Nigel Roberts" <nigel at channelisles.net
>     <mailto:nigel at channelisles.net>> wrote:____
>
>         The 'public interest' is exactly what it says.. The global public.
>
>         He refers SPECIFICALLY to the African internet users' public
>         interest in the judgment.
>
>
>         As follows:____
>
>             On balance, the Court finds it more prejudicial to
>             the African community, and the international community in
>             general, if the delegation of .Africa is made
>             prior to a determination on the fairness of the process by
>             which it was delegated.____
>
>
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>