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Old 17th September 2011, 04:37 PM
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Additional delays?

There have been some letters threatening ICANN with legal action from big groups such as the IAB and ANA. Do you think assuming anyone will sue ICANN over a program that has been built 'from the ground up' for more then 7 years, do you think that this can delay IDN gTLDs since they are a part of that same new gTLD process or do you think that IDN gTLDs specifically will not be further delayed? From all i saw and heard even the most vocal attorneys which represent corporations that aren't interested in the new gTLD process e.g the verizon attorney at the latest congressional hearing, they all have some problems with the new gTLD program, some more then others but they also all made perfectly clear they have no issues with IDNs, only with .nyc.gay.music etc.

ICANN Claimed that both IDN ccTLDs and IDN gTLDs need to be parallel, obviously won't happen...

More specifically, if you expect a delay to IDN gTLDs, do you see anyone successfully delaying them for more then a couple months? Not sure what you have to say that will have any legal grounds on trying to stop something like this...

Last edited by 555; 17th September 2011 at 04:38 PM..
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Old 17th September 2011, 10:14 PM
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Re: Additional delays?

ICANN letter of understanding with dept of commerce is the legal basis for everything ICANN does going forward.

suing ICANN in Cal. state court is one thing.
getting an injunction to stop would need a federal court.
civil not criminal means the hearing would be in 2013....
too late ....
oh well....
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Old 17th September 2011, 10:51 PM
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Re: Additional delays?

Quote:
Originally Posted by 555 View Post
There have been some letters threatening ICANN with legal action from big groups such as the IAB and ANA. Do you think assuming anyone will sue ICANN over a program that has been built 'from the ground up' for more then 7 years, do you think that this can delay IDN gTLDs since they are a part of that same new gTLD process or do you think that IDN gTLDs specifically will not be further delayed? From all i saw and heard even the most vocal attorneys which represent corporations that aren't interested in the new gTLD process e.g the verizon attorney at the latest congressional hearing, they all have some problems with the new gTLD program, some more then others but they also all made perfectly clear they have no issues with IDNs, only with .nyc.gay.music etc.

ICANN Claimed that both IDN ccTLDs and IDN gTLDs need to be parallel, obviously won't happen...

More specifically, if you expect a delay to IDN gTLDs, do you see anyone successfully delaying them for more then a couple months? Not sure what you have to say that will have any legal grounds on trying to stop something like this...
I think you are right that the trademark interests have nothing against the IDN equivalents of .com. But more accurately, they have no feelings one way or the other.

If the trademark interests decide to take legal action against the new gTLD program, they will try to make the strongest case possible; they will not spend any time thinking about the effect on IDNs.

So I think the most likely outcome is that the trademark interests will try to stop the entire program, including IDNs. If they succeed, the ball will be in ICANNs court; ICANN will have to decide whether to split the IDN program from the gTLD program. Given how slowly ICANN moves, and how long it took them to put the gTLD program together, I think it would take them quite a long time to decide what to do, and then to implement it.

As for whether the trademark interests can get an injunction in time: I don't know the exact legal terminology, but I think the trademark interests can get an injunction pretty quickly, if they can convince a judge that they would suffer substantial and irreparable harm if the gTLD program went forward. Once an injunction is issued, any courtroom delays will work in favor of the trademark interests.

One more thing to keep in mind: ICANN has budgeted a lot of money for legal expenses, but that money is supposed to come from gTLD application fees. If the gTLD program is stopped before ICANN collects any fees, then they will have a lot less money to pay lawyers with.

Anyway, I am watching this whole situation a bit nervously, but that probably comes as no surprise to anyone familiar with my previous posts.

Avtal
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Old 18th September 2011, 12:58 AM
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Re: Additional delays?

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but that probably comes as no surprise to anyone familiar with my previous posts.
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Old 18th September 2011, 06:04 AM
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Re: Additional delays?

I think the US would push things very close to losing any control over the Internet whatsoever.

Frankly they have enough problems over the vote with Palestinian recognition at the UN.

That said, they obviously don't give a shit about what others think when they send Tim Geitner to Europe to lecture on fiscal and monetary policy.

Bottom line is that ICANN would probably leave the US, and the fibre optic cables across both Atlantic and Pacific would probably be severed, as the US has the inalieable right to do what the fuck it likes in its own back yard.
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Old 18th September 2011, 05:11 PM
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Re: Additional delays?

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Originally Posted by Rubber Duck View Post
Bottom line is that ICANN would probably leave the US, and the fibre optic cables across both Atlantic and Pacific would probably be severed, as the US has the inalieable right to do what the fuck it likes in its own back yard.
RD,

Do you think things would be any different if ICANN were based outside the US? European bureaucrats have shown themselves as willing as their US counterparts to listen to the trademark lobby.

Avtal

P.S. I should probably stop hammering on the trademark lobby so much, because I agree with many of their concerns about the new gTLD program. It is unfortunate (to say the least) that something obviously useful, the creation of IDN counterparts to existing gTLDs, has been bundled into this exceedingly complex new-gTLD process, whose proponents are as money-driven as the trademark lobbyists.
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