Re: [soac-mapo] "string only" - clarification

[Konstantinos Komaitis <k.komaitis@xxxxxxxxxxxx>]

No Chuck, you didn't misunderstand. The term 'incitement' is used both in 
criminal and civil law. however, the standard of proof is different. In 
criminal legal practice, law has the tendency to require higher standards, 
because of the sanctions that criminal procedures carry; this is not the case 
for civil matters where sanctions are not as strict.

I sort of fail to see however the direct relevance of civil law in our case and 
I my reading of incitement in DAG4 is associated with criminal law. So far we 
have been talking about incitement in relation to terrorism, violence and/or 
child pornography amongst others. These are criminal issues.

I hope this helps to clarify things a bit. This, at least, has been my 
understanding so far.

Thanks

KK


On 08/09/2010 13:07, "Gomes, Chuck" <cgomes@xxxxxxxxxxxx> wrote:

I thought that Carroll stated that this was not a case of criminal law
but rather civil law and that the use of "incitement" was well enough
defined under civil law?  Did I misunderstand?

Chuck

> -----Original Message-----
> From: owner-soac-mapo@xxxxxxxxx [mailto:owner-soac-mapo@xxxxxxxxx] On
> Behalf Of Konstantinos Komaitis
> Sent: Wednesday, September 08, 2010 4:51 AM
> To: Philip Sheppard; soac-mapo
> Subject: Re: [soac-mapo] "string only" - clarification
>
>
> Thanks for this Philip - I will be looking out for such a registration
> :)
>
> Again though I am not convinced about this. According to criminal law,
> incitement requires, amongst others: action, intent and encouragement
-
> I don't see how we can ensure through a single string - even the one
> that appears to be against me - that all these requirements are met.
> Even Carroll yesterday suggested that for incitement determinations,
> context is something that we cannot possibly overrule. Criminal law's
> incitement was surely not drafted with gTLDs in mind, but at the same
> time let's not stretch the law in an effort to fit novel issues, such
> as gTLD strings. We did that in the trademark arena and look where it
> led us.
>
> KK
>
> On 08/09/2010 09:14, "Philip Sheppard" <philip.sheppard@xxxxxx> wrote:
>
>
>
>
> Konstantinos Komaitis wrote:
> "For me, no string is sufficient enough to incite people to do
> anything"
>
> How about killkonstantinoskomaitis ?
> leading to registrations such as hang.killkonstantinoskomaitis
>
> Not that I propose spending my USD 185k on this : )
> P
>
>
>