[ICANN-EU] ... and other candidates

[Christoph <cweber@dialup.nacamar.de>]

Hello,

To start, it was pretty bad style on my part to keep Jeanette's 
name in the subject line when she joined this exchange. I'm changing
it now, please accept my apologies.

Thilo Pfennig wrote:
> On 22 Aug, Christoph wrote:
> > But the lawyers will make it out among themselves. Brave new world.
> 
> No the net sets the facts. See Napster & Co. The industry can win every
> court but loose in the end, nevertheless.

The point is, Jeanette (and quite some folks as well) argue otherwise.
As long as law follows code (as Lessig postulated) you won't find me
arguing in general. 

But I took it from several contributions that a number of participants
would
like to see this "normative power of the fact" eradicated.

In that very exchange I quoted at the start, Lutz was arguing that
Organizations like ICANN derive their legitimacy from the quality of
their results, as judged by the experts.

Bad Results - no acceptance by the techs - no implementation. Law
follows code.

Jeanette disagreed. 

[...]
> > "Resistance is futile."
> >
> > You may be right. I dislike it nonetheless.
> 
> Just watch!
> 
> Lawyers:
> We do need in fact clearance about the law in names. Without lawyers
> there is no future for the domain name system. We would see new suits
> every week and nothing resolved!

And that's exactly what's happening. A wonderful slot machine: pay a 
lawyer - get a name. Names used to be free, save for the admin costs,
once, a long time ago in a galaxy far away.

Regards

Christoph Weber-Fahr