[Ws2-jurisdiction] Pool.com case summary

parminder parminder at itforchange.net
Wed Apr 5 07:26:59 UTC 2017



On Tuesday 04 April 2017 08:32 PM, Paul Rosenzweig wrote:
>
> Statement #2 below is incorrect.   I haven’t reviewed them all but at
> a minimum ICANN contested jurisdiction in Arizona v. ICANN, the law
> suit filed by the states to attempt to stop the transition.
>

For my statement # 2 to be incorrect, ICANN should have challenged
application of US court jurisdiction in the Arizona case -- In fact
there is no Arizona v. ICANN case that I can find. I can only find an
Arizona v. NTIA case..... I cant see ICANN to be a party to it, neither
has it filed a response.  Will you please show me where ICANN challenges
US court jurisdiction in this case? Thanks.

parminder
>
>  
>
> Paul
>
>  
>
> Paul Rosenzweig
>
> paul.rosenzweig at redbranchconsulting.com
> <mailto:paul.rosenzweig at redbranchconsulting.com>
>
> O: +1 (202) 547-0660
>
> M: +1 (202) 329-9650
>
> VOIP: +1 (202) 738-1739
>
> www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
>
> My PGP Key:
> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
>
>  
>
> *From:*ws2-jurisdiction-bounces at icann.org
> [mailto:ws2-jurisdiction-bounces at icann.org] *On Behalf Of *parminder
> *Sent:* Tuesday, April 4, 2017 6:14 AM
> *To:* ws2-jurisdiction at icann.org
> *Subject:* Re: [Ws2-jurisdiction] Pool.com case summary
>
>  
>
>  
>
>  
>
> On Monday 03 April 2017 07:57 PM, Paul Rosenzweig wrote:
>
>     Why would you say that Seun – it is what the lawyers for ICANN
>     argued, but there is no evidence that the Canadian court agree to
>     that submission.  I would expect ICANN’s lawyers to make that
>     argument and I would also expect based on what little I know of
>     Canadian law that in the end the court would have rejected the
>     argument. 
>
>
> It is absolutely significant that
>
> (1) In the only documented case which went before a non US court,
> ICANN promptly contested the court's jurisdiction. This is fact was
> its primary argument as far as I can see from the case details.
>
> (2) In none of more than 20 other documents cases, all in US courts,
> ICANN ever contested -- in the slightest --  the court's jurisdiction
> over ICANN or the matter under consideration. 
>
> It clearly shows that everyone --  ICANN, US courts, in fact even all
> of us -- know what is what vis a vis the  absolute jurisdictional
> powers of US over ICANN, and thus over its policies and their
> implementation, and very feeble jurisdictional leeway (and even lesser
> enforcement capacity) that non US courts and other state agencies have
> over ICANN.
>
> We are simply wasting out time trying to minutely examine facts that
> are fairly well established and normally not contested.
>
> As you agreed with me in a way, lets come to the crux of the matter,
> and see what is this group really trying to do, what progress we are
> making or not making, what is the prognosis of possible outcomes, and
> so on....
>
> IMHO we are just making ourselves believe that we are doing something
> in this group, when in fact we are not doing anything at all.
>
> */Sub-group chairs,/*
>
> Kavouss had put the matter to the CCWG chairs of the email I wrote
> about the non progress of this groups work. CCWG chair seem to have
> ordered the matter to be addressed by the sub group. Are you going to
> take up that matter?
>
> Also note that Paul too agreed with me that we seem not to be going
> anywhere (or some such, I do not want to put words in his mouth, his
> email of a few days back may be read)
>
> Thanks, parminder
>
>
>
>
>      
>
>     Paul
>
>      
>
>     Paul Rosenzweig
>
>     paul.rosenzweig at redbranchconsulting.com
>     <mailto:paul.rosenzweig at redbranchconsulting.com>
>
>     O: +1 (202) 547-0660
>
>     M: +1 (202) 329-9650
>
>     VOIP: +1 (202) 738-1739
>
>     www.redbranchconsulting.com <http://www.redbranchconsulting.com/>
>
>     My PGP Key:
>     https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684
>
>      
>
>     *From:*ws2-jurisdiction-bounces at icann.org
>     <mailto:ws2-jurisdiction-bounces at icann.org>
>     [mailto:ws2-jurisdiction-bounces at icann.org] *On Behalf Of *Seun
>     Ojedeji
>     *Sent:* Monday, April 3, 2017 9:41 AM
>     *To:* Mathieu Weill <mathieu.weill at afnic.fr>
>     <mailto:mathieu.weill at afnic.fr>
>     *Cc:* ws2-jurisdiction <ws2-jurisdiction at icann.org>
>     <mailto:ws2-jurisdiction at icann.org>
>     *Subject:* Re: [Ws2-jurisdiction] Pool.com case summary
>
>      
>
>     Thanks a lot for sharing this Mathieu, I guess this removes any
>     claims that the experience would be the same if ICANN were sued
>     outside of her jurisdiction of incorporation. The following text
>     makes that quite clear:
>
>     "Defendant ICANN asserted that the Court lacked jurisdiction
>     because (quoting the argument):
>     ICANN is not resident in Ontario
>     The Action has no real or substantial connection to Ontario
>     Virtually all the evidence and witnesses are in California"
>
>     I am not a lawyer but perhaps it may be good to know how flexible
>     it is for non-US customer of ICANN to legally engage/challenge
>     ICANN in her place of incorporation. The impact of this on
>     US-banned countries may also be a good to know.
>
>     Regards
>
>      
>
>     On Mon, Apr 3, 2017 at 2:29 PM, Mathieu Weill
>     <mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>> wrote:
>
>         Dear Colleagues,
>
>          
>
>         Here is another summary form for the Pool.com vs ICANN case.
>         It’s an interesting case  because it was the only one
>         documented as submitted in front of a non-US court. However it
>         was settled before it reached the decision stage.
>
>          
>
>         Best,
>
>          
>
>         -- 
>         *****************************
>         Mathieu WEILL
>         AFNIC - directeur général
>         Tél: +33 1 39 30 83 06 <tel:+33%201%2039%2030%2083%2006>
>         mathieu.weill at afnic.fr <mailto:mathieu.weill at afnic.fr>
>         Twitter : @mathieuweill
>         *****************************
>
>
>         _______________________________________________
>         Ws2-jurisdiction mailing list
>         Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
>         https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
>
>
>
>     -- 
>
>     ------------------------------------------------------------------------
>
>         /Seun Ojedeji,
>         Federal University Oye-Ekiti
>         web:      //http://www.fuoye.edu.ng
>         //Mobile: +2348035233535//
>         //alt email:<http://goog_1872880453>seun.ojedeji at fuoye.edu.ng
>         <mailto:seun.ojedeji at fuoye.edu.ng>/
>
>             Bringing another down does not take you up - think about
>             your action!
>
>      
>
>
>
>
>     _______________________________________________
>
>     Ws2-jurisdiction mailing list
>
>     Ws2-jurisdiction at icann.org <mailto:Ws2-jurisdiction at icann.org>
>
>     https://mm.icann.org/mailman/listinfo/ws2-jurisdiction
>
>  
>

-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170405/418cc984/attachment-0001.html>


More information about the Ws2-jurisdiction mailing list