[ICANN-EU] Re: Elections/Endorsements

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Marc:


>Not per se. Courts do not accept cases so easily as WIPO. Often there
>would have been no case, but for WIPO.

        Mediation does not close the door to court.
        If no agreement is reached through mediation
        a party is still at liberty to file a law suit.


>I have spend some time on the list at WIPO and read a number of the
>decisions. I do not deny that there are cases where it was correct to take
>a domain from the owner. More often this was not so.


        I don't think one is able to judge, whether it was right or wrong to
transfer a domain,
        just by looking at the parties and domain involved. The list just
provides a glimps of
        what we are talking about.

>As for perspective: that is exactly what this is all about. I hope you do
>not think there is only one, to wit yours.

        There are plenty and, if for instance usage becomes an issue, yours
are intrigueing.

>Anyway, your position is now clear to me. I must have been misled by some
>of the idealistic words on your page. I should have given more weight to
what
>you do for a living: making the companies that have interests in curtailing
the free
>flow of information happy. I am afraid I am at the other side of the
>battle lines.


        Now where do you see that?
        What has my business to do with "making companies happy, that have
interests
        in curtailing the free flow of information"? Did I miss something?

        And by the way, I don't see us fighting a battle or being on
different sides.
        We might have different opinions but I hope we have the same goal.


Best regards,

Andreas