At 04:15 PM 8/2/2002 -0400, Donald Eastlake 3rd wrote:
will also wonder why both of your are squandering your reputation trying
to deny that the court found ICANN's actions to be so clearly illegal
and improper that it could summarily rule against ICANN based solely on
the law and undisputed facts without any need for a trial.
Don, I have had no discussions about this suit with ICANN. I therefore
claim no direct knowledge about their own reasons. My comments are
strictly from my own thinking.
I can, however, claim that there is a key benefit that was served. It is
the sort of thing that is sometimes necessary, no matter how
distasteful. The phrase "serving the greater good" comes to mind.
The reality is that Karl is entirely out of control. He has no interest at
all in really helping ICANN. He plays to the media. He does not
negotiate. Hence, giving him access to records is inherently risky. It is
certain he will abuse that access, because he has established a pattern of
turning any and all information around to serve his purpose.
In the light of that, I believe that ICANN achieved an essential benefit in
bringing Karl under a court directive. That is why I say that ICANN lost
the suit but won the war.
Dave Crocker <mailto:dave(_at_)tribalwise(_dot_)com>
TribalWise, Inc. <http://www.tribalwise.com>
tel +1.408.246.8253; fax +1.408.850.1850