I agree with Milton. By contrast, for example, the DotAfrica case is relevant as it reflects an instance where the legal system did have an effect on ICANN's actions (that's a statement of fact - not an assertion that the effect was good or bad). The question in the end will be what those effects are; whether they are adverse; and if changing to another jurisdiction would make the situation worse or better Paul Paul Rosenzweig <mailto:paul.rosenzweig@redbranchconsulting.com> paul.rosenzweig@redbranchconsulting.com O: +1 (202) 547-0660 M: +1 (202) 329-9650 VOIP: +1 (202) 738-1739 <http://www.redbranchconsulting.com/> www.redbranchconsulting.com My PGP Key: <https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684> https://keys.mailvelope.com/pks/lookup?op=get&search=0x9A830097CA066684 From: Mueller, Milton L [mailto:milton@gatech.edu] Sent: Friday, January 27, 2017 10:36 AM To: Paul Rosenzweig <paul.rosenzweig@redbranchconsulting.com>; 'Mathieu Weill' <mathieu.weill@afnic.fr>; ws2-jurisdiction@icann.org Subject: RE: [Ws2-jurisdiction] Case summary - 2 drafts for your review I have to agree mostly with Paul on this: In the "Effect on our Work" section I wonder at how you handled it. For me, the answer in the Arizona case would be "none" since the suit was dismissed early. To be sure you write of its potential effect - which had it succceded would have been significant. But that gives too much credit to the filing of a suit doesn't it? Shouldn't our inquiry be whether or not the exisiting legal system adequately protects our work from non-meritorious interference. And so, shouldn't the Arizona case be a good sign that, at least in this case, the court reached a result that had no impact? That case was a desperation delaying act that had no real legal basis, which the court quickly recognized. Apparently the plaintiffs realized it was groundless too - which is why they abandoned the case after failing to get the injunction. In others words, this was an attempt to use legal procedure to delay an outcome until the political situation changed, not a challenge based on the specific characteristics of US or Calif law. Unless one can argue that the U.S. jurisdiction is uniquely prone to these kinds of tricks working (and here I leave it to people with more comparative law experience than me), I don't think the case is relevant.