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WLS Goes to Trial
After about an hour and a half of oral argument, the Court decided that the most expeditious way to handle the Dotster-eNom WLS case against ICANN was to set it for trial. A tentative trial date was set for Tuesday, December 16, 2003. Judge Walter took the motion for preliminary injunction under advisement. He asked ICANN's counsel whether implementation of WLS was imminent. The answer was that ICANN and Verisign continued to have significant issues separating them in the WLS negotiations. In light of those ongoing discussions, Judge Walter asked ICANN to consider putting off the implementation of WLS until after the December trial date. ICANN is expected to provide a response to that request soon. If ICANN agrees, the preliminary injunction won't be necessary and today's issues will be decided instead at trial in December. If ICANN disagrees, Judge Walter likely will issue his opinion on the preliminary injunction motion in the coming week. I couldn't tell from his questions which way he was leaning. More comments soon.
Comments
Re: WLS Goes to Trial
by
cambler
on Mon 20 Oct 2003 05:35 PM PDT | Profile | Permanent Link
It seems to me that if he is asking if ICANN will voluntarilly delay, he is indicating that he, at leat, cares. If he was prepared to deny the injunction, it wouldn't matter, would it? He'd just deny it and tell ICANN that it's going to trial, and start thinking about that.
But then I'm not a lawyer. Re: WLS Goes to Trial
by
Bret Fausett
on Mon 20 Oct 2003 05:55 PM PDT | Profile | Permanent Link
I wouldn't read too much into it. It makes the judge's job easier if ICANN agrees to defer implementation for 60 days, and if negotiations are going to drag on that long anyway, why not ask? Judge Webster did have some concerns -- like what's the point of RAA 4.2.4 if not to say that allocation issues are subject to consensus procedures -- but that wouldn't necessarily make him inclined to find that the registrar plaintiffs would be irreparably harmed (the standard for injunctive relief) if WLS were implemented on October 27th.
Re: WLS Goes to Trial
by
cambler
on Tue 21 Oct 2003 10:31 AM PDT | Profile | Permanent Link
> More comments soon.
I'm looking forward to them :-) Re: WLS Goes to Trial
by
Mutant
on Fri 26 Mar 2004 05:17 AM PST | Profile | Permanent Link
I'm trying to find out what the status is on this trial/hearing/whatever?
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