Re: [soac-mapo] Possible ICANN liability

[Jon Nevett <jon@xxxxxxxxxx>]

Milton +1 -- easily addressed in application Ts & Cs and registry agreement if 
not already.



On Aug 31, 2010, at 3:26 PM, Milton L Mueller wrote:

> 
> Absolutely no legal basis for this that I can see. And it could be easily 
> addressed through the registry contract. ICANN makes no warrants that any 
> applicant will succeed in their business. 
> 
>> -----Original Message-----
>> From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
>> Behalf Of Alan Greenberg
>> Sent: Tuesday, August 31, 2010 2:25 PM
>> To: soac-mapo@xxxxxxxxx
>> Subject: Re: [soac-mapo] Possible ICANN liability
>> 
>> 
>> I have a question that I don't think has been addressed before.
>> 
>> Some of the scenarios that are being discussed would allow possibly
>> "objectionable" names to go into the root, and be blocked by various
>> authorities if they felt it appropriate.
>> 
>> In cases such as these, would ICANN have any liability if the
>> registry should ultimately fail and ICANN ends up being the de facto
>> custodian of the TLD until it can be re-delegated or shut down.
>> Specifically, ICANN operates in a jurisdiction the might allow some
>> sort of lawsuit that the original operator, because of where they
>> were situated, would not have been subject to.
>> 
>> Alan
> 
>