[ga-abuse] Fw: BOUNCE Eric Dierker

["Patrick Corliss" <patrick@corliss.net>]

We also need to consider BOUNCED messages from Eric Dierker.  These are not
cross-postings but straight out postings to the sublists.  The below is an
example only - there are many more.

Regards
Patrick Corliss

----- Original Message -----
From: <owner-ga-roots@dnso.org>
To: <owner-ga-roots@dnso.org>
Sent: Monday, May 07, 2001 3:16 PM
Subject: BOUNCE ga-roots@dnso.org: taboo header:
/^From:.*eric\@hi-tek\.com/i


> >From ga-roots-listadmin@dnso.dnso.org  Mon May  7 07:16:20 2001
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> Message-ID: <3AF62FB7.B6C40D65@hi-tek.com>
> Date: Sun, 06 May 2001 22:16:39 -0700
> From: Eric Dierker <eric@hi-tek.com>
> Organization: Hi-Tek.com
> X-Mailer: Mozilla 4.7 [en] (WinNT; I)
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> To: Patrick Corliss <patrick@corliss.net>,
>         Jeff Williams <jwkckid1@ix.netcom.com>
> CC: Milton Mueller <mueller@syr.edu>,
>         Harald Tveit Alvestrand <Harald@alvestrand.no>,
>         "[ga-roots]" <ga-roots@dnso.org>
> Subject: Re: [ga-roots] Understanding legal precedence
> References: <05a901c0d6af$261c8cc0$8ce9fea9@hamza>
> Content-Type: text/plain; charset=us-ascii
> Content-Transfer-Encoding: 7bit
>
> Who ever this is attributed to is one hell of a lawyer.  Do not pay his
bill
> and fire him yesterday.
>
> I assume this is an illegal post by Corliss and has been taken so far out
of
> context as to hurt the intent.  but what do we expect out of an agenda
freak.
>
> Patrick Corliss wrote:
>
> > Non-member submission from ["Milton Mueller" <mueller@syr.edu>]
> >
> > Harald:
> > An incorrect statement.
> >
> > The judge did not make a decision. You cannot lose a
> > case when there is no decision. Full stop.
> >
> > More to the point, the whole Ambler-Postel-IAHC
> > brouhaha has utterly no legal significance, for the
> > reasons noted below.
> >
> > The ironic thing about the controversy is that Simon
> > gives a lot of weight to Postel's decisions, as if
> > Postel really had legal authority over the DNS root
> > at that time. But Postel's lawyer later denied that he
> > had any authority over the root in the Name.Space
> > case, and kicked the ball back to the National Science
> > Foundation.
> >
> > The most accurate thing one can say about that period
> > (96-97) is that authority over the root was unclear,
> > and contested by several parties. A local judge's
> > musings in an initial legal skirmish have no bearing
> > on what would happen now. The only serious legal
> > decision on a related issue is the disposal of the Name.space case.
> >
> > Name.space v NSI and NSF did not really pose the same
> > issue Simon is raising. The results of it were
> > profoundly affected by the fact that NSI was a plain
> > vanilla "instrumentality" of the US federal government.
> > If ICANN were also held to be such an instrumentality,
> > it might save it from Higgsian claims, but it
> > would jump from that fire into the frying pan of
> > Froomkinesque challenges to its basic legality.
> >
> > At 13:07 03.05.2001 -0700, Simon Higgs wrote:
> > >The very first alt.root was used as the test bed for Draft Postel. You
> > >can't kill off something that has a right to be there - and numerous
TLDs
> > >still around have Jon Postel/IANA's permission to be in an alt.root.
IANA
> > >even provided wording for registries in an alt.root to use as a waiver
of
> > >legal liability.
> >
> > >just in case anyone does not remember:
> > >
> > >Simon Higgs has argued this point of view before an >US court an lost.
> >
> > --
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