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Re: IRT Final Report is an abomination and wholly unbalanced

  • To: irt-final-report@xxxxxxxxx
  • Subject: Re: IRT Final Report is an abomination and wholly unbalanced
  • From: George Kirikos <gkirikos@xxxxxxxxx>
  • Date: Sat, 30 May 2009 01:01:14 -0700 (PDT)

Just a quick followup, I believe that this report, if implemented as policy 
rises, to the level of unconscionability in legal terms:


What will happen, IRT team, when legitimate registrants pre-emptively sue 
ICANN, VeriSign/PIR (no one cares about new gTLDs, but they do care about 
.com/net/org), and the URS providers on the day after any URS policy goes into 
effect, as that would be the only mechanism available to "white-list" valuable 
domains and websites that have been registered and used in good faith by 
legitimate companies to prevent them from being disrupted and subject to the 
egregious lack of due process in the URS? Some folks like to take 2 week 
holidays, especially when they've owned a domain for 10 years! Because the IP 
Tort Bar


was too greedy, asking for too much, they might actually end up getting nothing 
at all (or even facing damages) when everything gets through the courts. Take a 
look at the .biz lottery, if you need a lesson in history. Make sure all your 
ducks are in a row.

 From the Wikipedia article,

"Usually for a court to find a contract unconscionable the party claiming 
unconscionability will have to prove both that there was a problem with the 
substance of the contract and the process through which that contract was 
formed. The substantive problem will usually be the consideration, but could 
also be the terms, interest payments, OR OTHER OBLIGATIONS THE COURT FINDS 
UNFAIR." (emphasis added)

You can take this letter as notice that ICANN should preserve all records that 
exist of the IRT's secret deliberations (including all emails, MP3 recordings, 
transcripts, etc.), and IRT members may expect to be called as witnesses in 
order to demonstrate the "process" through which that contract was formed (and 
in particular the history). At least the IRT members can get more free travel, 
being deposed and testifying in court. IRT members are used to being 
complainants and attacking others, and it would be interesting to see if their 
defence is as good as their offence.


George Kirikos
Leap of Faith Financial Services Inc.

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