[ICANN-EU] Attn. Louis Touton to:Re: Regland

[Jeff Williams <jwkckid1@ix.netcom.com>]

Joe and all,

  Of course ICANN and Touton claim this legal action is "Frivolous".
But of course they would make this claim!  ROFLMAO.  We will see
if a judge here in Texas will agree with his claim.  My guess is that
such a claim by Louis Touton will not stand.  I hope Louis has
retained a good trial atty.  And I hope for his sake it isn't Joe Simms!

  For Louis:   Louis, we here in Texas have had enough of your nonsense.
Look forward to more of this sort of action in the near future...

Joe Baptista wrote:

> Touton really comes off as a hitler type.  According to regland he does
> alot of screaming during the course of business - i wonder if he bites
> rugs too?  strange boy.
>
>          If you have any questions, Please contact Regland, Inc. at
>                                 210-495-9800
>                         CAUSE NO. __________________
>
>    REGLAND, INC.                                          §          IN
>    THE DISTRICT COURT
>
>      §
>                            Plaintiff,                                  §
>
>      §
>    VS.
>    §
>
>      §          OF BEXAR COUNTY, TEXAS
>    INTERNET CORPORATION FOR            §
>    ASSIGNED NAMES AND NUMBERS     §
>    A/K/A ICANN AND LOUIS TOUTON,      §
>    INDIVIDUALLY,                                          §
>
>      §
>                            Defendants.
>    §          ______ JUDICIAL DISTRICT
>
>    PLAINTIFF'S ORIGINAL PETITION
>
>    TO THE HONORABLE JUDGE OF SAID COURT:
>
>    COMES NOW REGLAND, INC., Plaintiff in the above-numbered and styled
>    cause, complaining of the Internet Corporation for Assigned Names and
>    Numbers a/k/a ICANN and Louis Touton, individually, and for cause of
>    action respectfully would show the following:
>
>                                      I.
>
>                             DISCOVERY CONTROL PLAN
>
>    1.1       Plaintiff designates this case, under Texas Rule of Civil
>    Procedure 190.3, to be governed by a Level 2 Discovery Control Plan.
>
>                                     II.
>
>                             PARTIES AND SERVICE
>
>    2.1       Plaintiff RegLand, Inc. ("RegLand" or "Plaintiff") is a
>    corporation organized under the laws of the State of Texas.
>
>    2.2       Defendant Internet Corporation for Assigned Names and
>    Numbers a/k/a ICANN ("ICANN") is a nonprofit corporation organized
>    under the California Nonprofit Public Benefit Corporation Law, which
>    may be served with process by delivering a copy of the citation
>    together with this Plaintiff's Original Petition, upon its registered
>    agent, CT Corporation System, 818 West Seventh St., Los Angeles,  CA.
>    90017.
>
>    2.3       Defendant Louis Touton ("Touton") is an individual resident
>    of the State of California, who may be served with process by
>    delivering a copy of the citation together with this Plaintiff's
>    Original Petition, upon him at his place of business located at 4676
>    Admiralty Way #330, Marina Del Rey CA. 90292, or wherever he may be
>    found.
>
>    III.
>
>    VENUE AND JURISDICTION
>
>    3.1       Venue is proper in Bexar County, Texas, because Bexar County
>    is where all or a substantial part of the events or omissions giving
>    rise to the claim occurred and/or plaintiff resided in Bexar County,
>    Texas, at the time of the accrual of the cause of action.
>
>    3.2       Jurisdiction is proper in this Court because the amount in
>    controversy is within the jurisdictional limits of this Court.
>
>    IV.
>
>    FACTUAL BACKGROUND
>
>    4.1       ICANN is a technical coordination body for the Internet.
>    ICANN was created in October 1998 by a coalition of the Internet's
>    business, technical, academic, and user communities.  The purpose
>    behind the creation of ICANN was for it to assume responsibility for a
>    set of functions previously performed under U.S. government contract
>    by IANA and other groups. Specifically, ICANN is to coordinate the
>    assignment of the following identifiers that must be globally unique
>    for the Internet to function: Internet domain names; IP address
>    numbers; protocol parameter and port numbers.  In addition, ICANN is
>    supposed to coordinate the stable operation of the  Internet's root
>    server system.  ICANN has no other authority or purpose.  ICANN's
>    Memorandum of Understanding with the U.S. Department of Commerce
>    specifically states that it shall not act unjustifiably or arbitrarily
>    to injure particular persons or entities or particular categories of
>    persons or entities.
>
>    4.2       When founded, ICANN was purportedly dedicated to preserving
>    the operational stability of the Internet; to promoting competition;
>    to achieving broad representation of global Internet communities; and
>    to developing policy through private-sector, bottom-up,
>    consensus-based means.  Regrettably, ICANN has become an instrument by
>    which a few individuals attempt to impose their will upon the very
>    communities they were supposed to serve.  One of those individuals is
>    Touton.
>
>    4.3       Touton is Vice-President, Secretary, and General Counsel of
>    ICANN.  Although neither ICANN's Articles of Incorporation or its
>    By-Laws impute any policy-making authority upon Touton, due to his
>    position, he wields considerable power and influence over the Internet
>    community.  Touton is subjectively aware of this power and influence,
>    which he uses to the detriment of those who defy him or his own view
>    of what the Internet is or should be.
>
>    4.4       ICANN recently announced that it was considering the
>    adoption of a variety of new generic top-level domain names ("New
>    gTLDs").  New gTLDs were needed for the simple reason that domain
>    names using the existing gTLDs were running out; that is, most of the
>    common words and word combinations were no longer available.  In
>    approximately August 2000, therefore, ICANN began the process for
>    identifying which of various proposed New gTLDs would become
>    officially available for use in registering domain names.  The process
>    envisioned an expensive application procedure for the accreditation of
>    Registries and Registrars.  ICANN was to control the entire process
>    and collect the exorbitant fees.
>
>    4.5       Plaintiff is a start-up Internet corporation with a website
>    located at the domain name www.regland.com  The founders of RegLand
>    envisioned, and then created, a means by which individuals who wanted
>    the best possible chance at obtaining domain names incorporating the
>    New gTLDs would be able to have RegLand "stand in line" for them.  The
>    system created by RegLand was premised on technology, namely, the
>    creation of a database of RegLand's customers which, pursuant to
>    contracts with Registrars, would be processed as soon as ICANN
>    announced that a New gTLD was available for registration.  By contrast
>    to the exorbitant fees charged by ICANN, RegLand charged its customers
>    a nominal $20 for the privilege of entering a potential domain name
>    into RegLand's database and taking advantage of RegLand's contractual
>    relationships with Registrars.
>
>    4.6       RegLand's site makes abundantly clear that there are no
>    guaranties or warranties with respect to the service offered by
>    RegLand.  Indeed, every customer who purchased those services was
>    required to "click-through" a contract which set forth (i) that none
>    of the proposed New gTLDs might become available, (ii) that, if a New
>    gTLD became available, there was no guaranty that RegLand's proposed
>    system would result in registration, and (iii) that the entire
>    relationship between RegLand and its customers was at the customer's
>    risk.  In addition, when large orders were placed with RegLand, a
>    member of its support staff would personally telephone the customer
>    and reiterate the speculative nature of the situation.
>
>    4.7       On or about August 12, 2000, Scott Harris, of RegLand, met
>    with Joseph Kibur at the main offices of NetNation, Inc. and Domain
>    People, Inc. in Vancouver, Canada.  Mr. Kibur is one of the founders
>    of, and a major stockholder in, NetNation, Inc.  Domain People, Inc.,
>    a subsidiary of NetNation, Inc., is an ICANN accredited registrar.
>    During the course of their meeting, the fact that ICANN had announced
>    that it was exploring the introduction of New gTLDs into the root
>    servers was discussed.  Mr. Kibur and Mr. Harris agreed that a service
>    to assist in the registration of domain names incorporating the New
>    gTLDs, would not only be profitable, but also helpful to the general
>    public.  Mr. Kibur agreed that such a service, if it were started by
>    Mr. Harris, would be able to market to the customers of Domain People,
>    Inc. and such a service would also be allowed to use Domain People,
>    Inc. to process registrations when the New gTLDs were introduced by
>    ICANN.
>
>    4.8       Upon his return to San Antonio, Mr. Harris and Mr. Rick
>    Hernandez founded RegLand for the purpose of implementing the idea
>    discussed with Mr. Kibur.  Mr. Kibur left on an extended vacation to
>    Ethiopia, Africa, but before leaving instructed Julia Dean, Domain
>    People's business development manager, to complete a contract between
>    Domain People, Inc. and RegLand.  Ms. Dean was excited about the
>    possibilities of a contractual relationship with Regland because it
>    would bring in both additional revenue as well as additional new
>    customers to Domain People.  In early September, 2000, after
>    finalizing the details of the contract between Domain People and
>    Regland, Ms. Dean felt it would be prudent to contact ICANN to get
>    verification that the contract with Regland would not violate any
>    policies of, or Domain People's agreement with, ICANN.  Ms. Dean
>    contacted Mr. Touton and during the course of this conversation, Mr.
>    Touton informed Ms. Dean that ICANN was strongly against the type of
>    service to be offered by RegLand, and implied that a contract with
>    Regland would jeopardize Domain People's ability to register names in
>    the New gTLDs and even its accreditation.  After reporting to the
>    officers of Domain People the details of the conversation between Ms.
>    Dean and Mr. Touton, Domain People's CEO, Ashley Sinclair, decided
>    that, because of Mr. Touton's comments, it was too risky to enter into
>    a contract with Regland.  On or about September 14, 2000, Ms. Dean
>    contacted Mr. Harris and notified him that Domain People was backing
>    out of their proposed contract altogether because they were fearful of
>    ICANN and Mr. Touton.
>
>    4.9       The Defendants interference with RegLand's business did not
>    stop with Domain People.  Indeed, shortly after RegLand launched its
>    website, it learned from potential customers that ICANN was advising
>    people that the RegLand service was a "fraud," a "scam," and was
>    simply designed to take $20 from as many people as possible.  RegLand
>    confirmed this by telephoning ICANN and hearing for itself these
>    statements made by an employee of ICANN.
>
>    4.10     In addition, RegLand learned from other Registrars with whom
>    RegLand had prospective contractual relationships with that Touton was
>    advising Registrars that affiliation with RegLand would have a
>    negative impact on such Registrar's application and accreditation with
>    ICANN.  These comments by Touton had the effect of icing the potential
>    market for RegLand with Registrars.
>
>    4.11     In the face of this information, RegLand's founders and its
>    attorney contacted Touton to demand that ICANN and Touton immediately
>    cease and desist from disparaging RegLand and from interfering with
>    RegLand's prospective contracts and business relationships.  In the
>    course of a 3-hour conference call with Touton, RegLand learned that
>    Touton was aware that ICANN employees were disparaging RegLand, that
>    Touton himself approved of this wrongful conduct, and that Touton
>    intended to do nothing to stop the disparagement and defamation.
>    However, Touton did state that he was aware of no ICANN policy or
>    procedure that was being violated by RegLand, or which would be
>    violated by any Registrar who entered into a contractual relationship
>    with RegLand, and Touton stated that he would never advise a Registrar
>    otherwise.  Finally, Touton suggested changes to the RegLand site
>    which he deemed necessary to make the website meet with his approval.
>    In recognition of Touton's power and influence, RegLand made all the
>    changes suggested by Touton, even though they were not necessary for
>    any other reason.
>
>    4.12     In the course of developing its business, RegLand had
>    identified Register.com as a potential partner.  As a result, RegLand
>    contacted Register.com and began negotiating a contract by which
>    Register.com would serve as one of the Registrars through which
>    RegLand's database of domain names with New gTLDs would be processed.
>    In addition, RegLand became an affiliate of Register.com and displayed
>    Register.com's logo on the RegLand site.  On or about September 27,
>    2000, RegLand received a cease and desist letter from outside counsel
>    for Register.com demanding that RegLand remove the Register.com logo
>    from its website.  RegLand complied.  RegLand's counsel contacted
>    Register.com's counsel to learn why the cease and desist letter was
>    sent.  RegLand's counsel was told that Touton had contacted
>    Register.com's counsel "screaming" at him and demanding to know why
>    Register.com was on RegLand's website.  It was this conversation that
>    precipitated RegLand's cease and desist letter to ICANN and Touton.
>    Moreover, RegLand shortly thereafter received a communication directly
>    from Register.com declining to meet with RegLand, although a
>    communication just hours earlier had stated Register.com's interest in
>    having a meeting to discuss a contractual relationship.
>
>    4.13     At approximately the same time, ICANN posted on its site a
>    "warning" to visitors suggesting that taking advantage of the services
>    of businesses such as RegLand was inappropriate because no one was
>    "authorized" to pre-register domain names with the New gTLDs.  This
>    statement was false and deceptive because it implied that
>    authorization from ICANN was necessary, when, in fact, no such
>    authorization is needed -- or even available.  Upon information and
>    belief, the "warning" was not the result of the considered reflection
>    of the board of ICANN, but was instead the result of Touton's personal
>    decision to interfere with RegLand's business.
>
>    4.14     In the meantime, RegLand had begun negotiating a contract
>    with Bulkregister.com, the second largest Registrar in the world.
>    These negotiations proceeded to the point where execution of a
>    contract was a reasonable probability.  Had the contract been
>    executed, it would have resulted in hundreds of thousands of dollars
>    in revenue and profit to RegLand.  However, at the last minute, after
>    the essential terms of the contract were agreed upon, but before the
>    contract could be executed, Bulkregister.com refused to consummate the
>    deal.  Bulkregister.com's stated reason was the wrongful intimidation
>    and defamatory statements by Touton and ICANN and its fear that
>    affiliation with RegLand would have a negative impact on its
>    applications pending before ICANN.
>
>    4.15     Upon information and belief, ICANN considered RegLand's
>    situation at a recent meeting of its board of directors.  At the
>    meeting, the board acknowledged that neither Touton nor ICANN has
>    authority to make statements regarding RegLand's services.  However,
>    in conscious disregard of the rights of RegLand, ICANN has failed and
>    refused to remove the false and deceptive warning on its website, and
>    has failed and refused to issue an apology to RegLand.
>
>    V.
>
>    FIRST CAUSE OF ACTION - DEFAMATION
>
>    5.1       RegLand restates and incorporates by reference the factual
>    allegations in paragraphs 4.1 to 4.15 above as if fully set forth
>    herein.
>
>    5.2       ICANN and Touton made false, defamatory statements of and
>    concerning RegLand, with knowledge that such statements were false or
>    with reckless disregard as to the truth of such statements.
>
>    5.3       ICANN and Touton's defamation of RegLand has proximately
>    caused actual damages to be suffered by RegLand, for which actual
>    damages RegLand hereby sues.
>
>    5.4       ICANN and Touton's defamatory statements were made with
>    malice and, therefore, it is appropriate for RegLand to recover
>    exemplary damages in addition to its actual damages, for which
>    exemplary damages RegLand hereby sues.
>
>    VI.
>
>    SECOND CAUSE OF ACTION - BUSINESS DISPARAGEMENT
>
>    6.1       RegLand restates and incorporates by reference the factual
>    allegations in paragraphs 4.1 to 4.15 above as if fully set forth
>    herein.
>
>    6.2       ICANN and Touton made false and disparaging statements of
>    and concerning the services of RegLand, with knowledge that such
>    statements were false or with reckless disregard as to the truth of
>    such statements.
>
>    6.3       ICANN and Touton's business disparagement of RegLand has
>    proximately caused actual damages to be suffered by RegLand, for which
>    actual damages RegLand hereby sues.
>
>    6.4       ICANN and Touton's business disparagement was with malice
>    and, therefore, it is appropriate for RegLand to recover exemplary
>    damages in addition to its actual damages, for which exemplary damages
>    RegLand hereby sues.
>
>    VII.
>
>    THIRD CAUSE OF ACTION - TORTIOUS INTERFERENCE
>
>    7.1       RegLand restates and incorporates by reference the factual
>    allegations in paragraphs 4.1 to 4.15 above as if fully set forth
>    herein.
>
>    7.2       ICANN and Touton's conduct interfered with prospective
>    contracts and prospective business relations between RegLand and
>    various Registrars, and between RegLand and its customers and
>    potential customers.
>
>    7.3       ICANN and Touton's tortious interference has proximately
>    caused actual damages to be suffered by RegLand, for which actual
>    damages RegLand hereby sues.
>
>    7.4       ICANN and Touton's tortious interference was committed with
>    malice and, therefore, it is appropriate for RegLand to recover
>    exemplary damages in addition to its actual damages, for which
>    exemplary damages RegLand hereby sues.
>
>    VIII.
>
>    JURY DEMAND
>
>    Plaintiff demands a trial by jury.
>
>    WHEREFORE, PREMISES CONSIDERED, REGLAND, INC., plaintiff herein, prays
>    that the defendants be cited to appear and answer herein, and that
>    upon final hearing the Court award judgment in favor of Plaintiff and
>    against Defendants, jointly and severally, for actual damages,
>    exemplary damages, pre-judgment interest and post-judgment interest,
>    together with such other and further relief, both general and special,
>    at law and in equity, to which Plaintiff may show itself justly
>    entitled.
>
>    Respectfully submitted,
>
>    JACKSON WALKER L.L.P.
>
>    901 Main Street, Suite 6000
>
>    Dallas, Texas 75201
>
>    (214) 953-6000
>
>    (214) 953-5822 (fax)
>
>    By:___________________________
>
>                Alan N. Greenspan
>
>                State Bar No. 08402975
>
>    OF COUNSEL
>
>    Cynthia L. Beverage
>
>    State Bar No. 00787076
>
>    Jackson Walker L.L.P.
>
>    112 E. Pecan St., Suite 2100
>
>    San Antonio, Texas 78205
>
>    (210) 978-7700
>
>    (210) 978-7790 (fax)

Regards,
--
Jeffrey A. Williams
Spokesman INEGroup (Over 112k members 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:  972-447-1800 x1894 or 9236 fwd's to home ph#
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208