Re: [gtld-council] string criteria

[Robin Gross <robin@xxxxxxxxxxxxx>]

I agree with Avri and Ross.  Judges and courts determine legal rights.  
I don't believe ICANN should be able to circumvent existing legal 
processes by preventing someone from having a string in this way.
If an application for a string is filed and a party believes that string 
should rightfully belong to them, they can march into court the next day 
and ask the court for an injunction against the issuance of that string 
because it infringes their rights.  If the COURT agrees and issues the 
injunction, the string won't be issued.  It makes no sense for us to 
create a system that circumvents the legal process over the adjudication 
of rights.  Its over-stepping.
Robin



Avri Doria wrote:

> Hi,
>
> On 1 mar 2007, at 03.51, Philip Sheppard wrote:
>
> > I too support David Maher's proposed re-wording and suggest this  
> > text based on his excellent
> > input:
> >
> > "Strings should not infringe the existing legal rights of others  
> > that are recognized or
> > enforceable under generally accepted and internationally recognized  
> > principles of law".
>
> I do not understand how ICANN adjudicates between various rights  
> claimants (or where it gets the authority to so adjudicate).
> Isn't this the province of followup challenges in the courts etc?
>
> So while it may fine for us to declare that as a general principle of  
> a good thing - i certainly do not want strings to infringe on the  
> rights of the commons, it does not seem something that ICANN can or  
> should do anything about.
> a.