[Ws2-jurisdiction] Case summary - 2 drafts for your review

[Mueller, Milton L]

I have to agree mostly with Paul on this:

In the "Effect on our Work" section I wonder at how you handled it.  For me, the answer in the Arizona case would be "none" since the suit was dismissed early.  To be sure you write of its potential effect - which had it succceded would have been significant.  But that gives too much credit to the filing of a suit doesn't it?  Shouldn't our inquiry be whether or not the exisiting legal system adequately protects our work from non-meritorious interference.  And so, shouldn't the Arizona case be a good sign that, at least in this case, the court reached a result that had no impact?

That case was a desperation delaying act that had no real legal basis, which the court quickly recognized. Apparently the plaintiffs realized it was groundless too  - which is why they abandoned the case after failing to get the injunction. In others words, this was an attempt to use legal procedure to delay an outcome until the political situation changed, not a challenge based on the specific characteristics of US or Calif law. Unless one can argue that the U.S. jurisdiction is uniquely prone to these kinds of tricks working (and here I leave it to people with more comparative law experience than me), I don't think the case is relevant.
-------------- next part --------------
An HTML attachment was scrubbed...
URL: <http://mm.icann.org/pipermail/ws2-jurisdiction/attachments/20170127/a860784d/attachment.html>