RE: [soac-mapo] Possible ICANN liability

[Milton L Mueller <mueller@xxxxxxx>]

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