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Re: [atlarge-discuss] icannatlarge.com
Judith and all stakeholders or other interested parties and members,
Judith Oppenheimer wrote:
> I believe the concern was regarding individual liability as a panelist.
There isn't any. First, none of the panelists are the registrants of the
Domain name ICANNATLARGE.COM. Second, ICANN isn't in
any position to sue or file a UDRP against ICANNATLARGE.COM
for a number of already stated reasons. Third, ICANNATLARGE.COM
is not yet incorporated, though this would not prevent such filings but
would make it difficult to make it stick. Forth, ICANNATLARGE.COM
is already excepted for the moment by ICANN to a degree... Fifth,
ICANN has had prior knowledge...
I could go on here... But I think you get the drift...
>
>
> All of this "take the risk, we'll cross that bridge when we come to it"
> bravado (or "let the cards fall where they may") comes at a significant
> *personal* legal and financial risk that is beyond the burden of what
> anyone assumed when they became a panelist.
It shouldn't have been. If it was or is, than those panelists were
ignorant beyond good reason... And there was no bravado as you
mischaracterize it IMHO here, involved in my comments that you
quote involved or intended. There is also NO, personal legal
or financial involvement with respect to any TM case or UDRP to
any panelist. Never has been. And it is very highly unlikely that
there ever will be as John indicated indirectly in this regard.
Hence my claim, which remains unchanged, that Joanna as
CHAIR overreacted, as to a lesser degree did Bruce in her
defense, which was nobel but unwarranted as several members
have indicated.
>
>
> What Joanna, Walter and Bruce did was entirely appropriate, given the
> advice of private counsel and the extraordinary circumstances.
If you are talking about the specific letter, yes that was appropriate.
That was decidedly NOT what I have been referring to however.
As far as I know there has been not advice of record from private
council either Judyth. If so, I would have to say that that council
should not overly influence any panel decision. If they do, than
such a decision effects the members. As such we should have a vote
on such actions that are of a result...
>
>
> --------
> Judith Oppenheimer
> http://JudithOppenheimer.com
> http://ICBTollFreeNews.com
> http://WhoSells800.com
> 212 684-7210, 1 800 The Expert
>
> > -----Original Message-----
> > From: Jeff Williams [mailto:jwkckid1@ix.netcom.com]
> > Sent: Monday, September 23, 2002 11:36 PM
> > To: Bruce Young
> > Cc: atlarge-discuss@lists.fitug.de; John Berryhill Ph.D. J.D.
> > Subject: Re: [atlarge-discuss] icannatlarge.com
> >
> > Bruce and all stakeholders or other interested parties and members,
> >
> > Bruce Young wrote:
> >
> > > Jeff Williams wrote:
> > >
> > > | One such example is icannwatch. There are several others.
> > > | SO for ICANN to do so now would not get much consideration
> > > | in a court of law an their atty's know that...
> > >
> > > Failure to defend their trademark today doesn't prevent them from
> doing so
> > > in the future!
> >
> > Yes it does if they have prior knowledge, which ICANN has
> presently...
> >
> > > For all you know Joe Sims has a "cease and desist" letter
> > > ready to drop on us as soon as the election is over!
> >
> > Not going to happen.
> >
> > >
> > >
> > > There are many other ways this could play out besides the one you
> mention.
> > > But as I see it, whichever scenario ICANN automatically has the
> benefit of
> > > the doubt legally in each of them. So why go there?
> >
> > I don't see that ICANN has any legal doubt, whatever that is!
> > We simply continue with the vote and let the cards fall where they
> > may...
> >
> > >
> > >
> > > | Hence the point
> > > | is moot, and yes, Joanna Jumped the gun, as well as I might add,
> > > | overreacted.
> > >
> > > Again, I must stress that this was *not* Joanna doing something
> unaided.
> >
> > I was referring to HER post to this forum expressing her fear about
> > continuing as Panel chair if ICANNATLARGE.COM was to remain
> > on the ballot or possibly continue to be our DN. NOT, I repeat NOT
> > the letter to which you are referring to Bruce... I hope that that is
> > finally clear now???
> >
> > >
> > > Walter and I consulted with her and each other, and jointly put our
> three
> > > names on the message to the panel. If you're looking for an excuse
> to pick
> > > on Joanna, choose another subject!
> >
> > I am NOT, repeat NOT picking on anyone, most especially Joanna on
> > any personal basis. I am concerned that any Chair of the Panel would
> > overreact as that person capacity as chair of the panel regarding a
> > situation such as this one or one that may be controversial as Joanna
> > AS CHAIR did... I hope that is now perfectly CLEAR now Bruce??
> >
> > >
> > >
> > > Bruce Young
> > > Portland, Oregon USA
> > > bruce@barelyadequate.info
> > > http://www.barelyadequate.info
> > > --------------------------------------------
> > > Support democratic control of the Internet!
> > > Go to http://www.icannatlarge.com and Join ICANN At Large!
> > >
> > >
> ---------------------------------------------------------------------
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> >
> > Regards,
> >
> > --
> > Jeffrey A. Williams
> > Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
> > CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
> > Information Network Eng. Group. INEG. INC.
> > E-Mail jwkckid1@ix.netcom.com
> > Contact Number: 214-244-4827 or 972-244-3801
> > Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
> >
> >
> >
> > ---------------------------------------------------------------------
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> >
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208
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