[discuss] Some more legal tangles for ICANN

Mon Jun 30 20:16:56 UTC 2014

Lol. Yes, having been in these situations i recognise that sequence of 
emotions :)

On 30 June 2014 19:40:16 Barry Shein <bzs at world.std.com> wrote:

>
> Having been involved in a few law suits the reactions are always
> roughly the same. They seem to mimic the Kubler-Ross stages of grief
> somewhat.
>
> 1. This is ridiculous who are these people?
>
> 2. They have no right!
>
> 3. That can't proceed, the facts are a mess!
>
> 4. They are absolute idiots and understand nothing of the law.
>
> 5. I have found a detail, a coup de grace, which completely
>    invalidates their case!
>
> 6. Perhaps we'd better settle.
>
> That's all I'm trying to say.
>
> I don't find such analyses much more useful than a flip of a coin in
> practice.
>
> Unfortunately many, many civil suits / judgements in the US at least
> aren't settled by wrangling over substantive issues.
>
> More often your phone rings and your attorney explains they are
> willing to take $100,000 (pick a number) cash right now without
> prejudice or you can spend $200,000 minimum to fight with them and no
> that's not recoverable if you win. And of course you might lose --
> courts can be fickle and/or you could be wrong or missing something,
> some ace up their sleeve so to speak.
>
> (A more cynical surmise of that same moment is: I have extracted all
> the legal fees out of you I believe you are prepared to spend, and the
> other party's attorney feels the same about their client, so let's
> just bury this one right now -- bird in hand you know, my bird that
> is.)
>
> Or they are thrown out due to some lack of jurisdiction or procedural
> error.
>
> So if you think I am disputing your assessment of the substantive
> issues I assure you I am not other than pointing out that it's
> probably a lot fuzzier than is being presented (see #5 above.)
>
> --
>         -Barry Shein
>
> The World              | bzs at TheWorld.com           | http://www.TheWorld.com
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