RE: [atlarge-discuss] "IPv6 & ICANN is..."

["jkhan" <jkhan@metromgr.com>]

Jefsey/Tim,

I will need time to give a precise documentation (citing the proper US
Court Cases), but for now I will give you an historical example.

[This also take off where Stephen Waters & I last wrote, Thank you for
waiting Stephen - jk]

Re: IPv6 Issues

I used the Lexus Legal system as an example (Disclaimer: I am not
accusing/knocking the folks at Mead/Lexus-Nexus, just illustrating an
example) because it illustrates how a Public infrastructure is
Privatized and is developed into a VPN at the Publics cost and on the
Publics infrastructure. And how the Internet is becoming the privatized
network of Multinational Corporations.
--

The Judicial Branch of the US government was establish with the
ratification of the Constitution [K], it's present structure was derived
by historical and technological events since this establishment. One
phase of this development was the Circuit Court. Because America covered
such a large area, Judges were given territories in which they would
ride (Horse-back) a Circuit, traveling from town to town hearing Cases.
As a result of this the Judges had to keep case notes and eventually
hired assistants knows as Court clerks. As demands of the Courts
increased, Case reporting continued and soon the Judges and clerks had
no time for reporting and focused most of their efforts on writing
Judgments, as a result Court Reporters where hired and they would
'annotate' the Case's. These reporters were paid a fee by the US Courts,
and the annotations were collected and the published the case
Annotations in such editions as: Federal Level Reporters: 

Supreme Court: U.S. Reports, Supreme Court Reporter, Lawyer's Edition, 
Courts of Appeals: Federal Reporter
District Courts: Federal Supplement, Federal Rules Decisions 
Others: Court of Claims Reports, Bankruptcy Reporter, Reports of the
United States Tax Court, Military Justice Reporter 

(They are listed in the Blue-Book or Purple Book if you are a Univ. of
Chicago Alumni). Most all of these can be found in a well established
Public Library. Here in the SF Bay Area we have three, University of
California Berkeley School of Law, Stanford University, and the Ninth
District Federal Court.

These Case Reports and Annotations are very important, as they reflect
the 'Precedent' of a judicial decision, and sets the direction of future
advocacy related to a cause. In a Court Case these 'Precedence' are
cited from the Reporters and a Judge decides what is relevant and what
is not.

We have a Bi-furcated system where there are State Courts as well as
Federal Courts, They are similar some what from State to State, except
that the Federal Courts are superior. At the State Level similar
activities were occurring as well to document Cases at that level, there
are numerous State Court reporters, and there is no need to list them
here, to make my point. They are both funded by taxes coming from their
respective level; Federal Income Taxes or State Income taxes.

So here we have the infrastructure of the US Judicial Information-System
supported and paid by the Tax payers. Think of it rather as the
Judicial-Internet system. 

As Library sciences and Technology developed it was predictable that the
Computer and Data basing the Documents would become second hand, the
science of Document Retrieval and Storage is very big business these
days. Well, during this advent Lexus came along and Database the reports
into a user searchable system. You say ok, public information
("Knowledge") put into an electronic database, fine, Publicly available
documents "Knowledge" used by an individual/corpus.

But!, During this transition the Publicly available information became
Proprietary, as it was held in Lexus Databases and Indexes in a
searchable (One of the first search engines) system. Legal professionals
and Students were encouraged to use the system initially at little to no
cost, But in large part Law Firms were required to pay for the
'Service'. The Lexus system was one of the first systems available on
the internet, when internet terminals were only available in Libraries
and Campuses (both these: State and Federal entities). 

As time passed, the Lexus system began to grow in popularity (due to
marketing with Law Students, nothing new here Apple has done this for
years), Professional use, and in terms of technology. The Cost of using
the system also increased over the same period of time. In fact the
Lexus system is used so widely that it is accepted as a Citable source,
within Blue-Book fashion (Case's - Style), and subsequently accepted by
the US Courts. It this respect it has come Full circle, but now with
Proprietary Ownership.

Here is an example of a Blue-Book Style, which is acceptable:
------------------------------------------------------------------------
--------

COMMUNITY FOR CREATIVE NON-VIOLENCE ET AL. v. REID

No. 88-293 

SUPREME COURT OF THE UNITED STATES 

490 U.S. 730; 109 S. Ct. 2166; 104 L. Ed. 2d 811; 1989 U.S. LEXIS 2727;
57 U.S.L.W. 4607; 10 U.S.P.Q.2D (BNA) 1985; Copy. L. Rep. (CCH) P26,425;
16 Media L. Rep. 1769 

March 29, 1989, Argued 

June 5, 1989, Decided 

PRIOR HISTORY: CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE
DISTRICT OF COLUMBIA CIRCUIT.


DISPOSITION: 270 U. S. App. D. C. 26, 846 F.2d 1485, affirmed.    


------------------------------------------------------------------------
--------

In standard "legal citation" the reference to this opinion becomes
simply:

Cmty. for Creative Nonviolence v. Reid, 490 U.S. 730 (1989). 

With economy this identifies the document and allows another lawyer to
retrieve the decision from a wide range of print and electronic sources.
The "identifier" of "490 U.S. 730" suffices for a reader who has access
to the Supreme Court Reporter published by the West Group or to the
Lawyers Edition, Second Series published in print and on-line by
LEXIS-NEXIS or to Westlaw or to the other on-line and CD-ROM sources of
Supreme Court decisions.  It also tells the reader that this is a 1989
decision of the United States Supreme Court (and not, say, a fifty year
old opinion of a U.S. District Court). 

The task of "legal citation" in short is to provide sufficient
information to the reader of a brief or memorandum to aid a decision
about which authorities to check as well as in what order to consult
them and to permit efficient and precise retrieval - all of that,
without consuming any more space or creating any more distraction than
is absolutely necessary.

Back to my point,
Here is an example of a Public infrastructure that was Privative, made
Proprietary, and charged back to the User. Actually charged twice!
(Taxed and for Uses)

In another respect there is a hidden cost that is made when you consider
the Lack of Competition, that is to say, When the Lexus system was
patented (incorporated into 'intellectual property' rights) it protected
its position and fortified its market share by acquiring the
Competition. Lexus is by no means the only game in town, however it is
the only 'Recognized' game in town. This is not an unusual phenomena,
AutoDesk (AutoCAD, Microsoft, etc.. All have engaged in this practice,
Microsoft has been the one to carry the rap. So the cost increases due
to a lack of credible Competition and availability is reduced due to
competitive behavior.

And at last we come to the coming of IPv6, with the deployment of IPv6,
the ability to deploy a Proprietary Network to distribute/deliver
information over a Public infrastructure, and extract a fee/profit is
enabled. The Circle is now truly complete. This is the maximizing of
Profits at the publics expense, this is the Fleecing of the Tax payers.
Icann is building a system for the Elite (Professionals &
Multinationals), not the world at large.

Which is last peg on my discussion today, it is really my foremost
point. 
If, for example a person in Romania, Bosnia, Ethiopia, Bangladesh, etc..
should need to have the 'Knowledge' available within the Lexus system to
use in their defense in a case to advocate their cause. If they even
have access to the internet how would they afford it? Well, they can't
afford it, and IPv6 will only lead to the increase in the Cost-of-Entry
for these Worlds, while the Multinationals continue to raise their
prices in search of higher ROIs.

--

Jefsey and all,

I hope that I have answered you question by this example, you may find
similar analogies closer to home. I will be working on this issue in
detail, if you should come across some helpful information to support my
argument, please forward it along. If I have made errors in trying to
conveying the Idea, please allow me to finish. (the example, you get the
Idea) 

Issues, Issues, Issues!!! [Yes Walter, I hear-ya! :-)] 

We all need to working on these.

James Khan


-----Original Message-----
From: J-F C. (Jefsey) Morfin [mailto:jefsey@club-internet.fr] 
Sent: Tuesday, November 26, 2002 11:22 AM
To: at Large Discuss
Subject: Re: [atlarge-discuss] "IPv6 & ICANN is..."


On 17:51 26/11/02, jkhan said:
>Do you understand that the cost of "Knowledge" of the information
>available over the IPv6 system will increase to due to 'proprietary 
>royalties', and that availability decrease due to 'intellectual 
>property' rights, and these cost will increase in an ever increasing 
>manner?

Can you precisely document that?
thank you . Jfc





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