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Joe Sims and Scholarship [Was Re: [ga] Bret Fausett's contributions]
As you well know, I speak entirely for myself, and represent no
organization or client. In fact have I no clients, paying or pro-bono, on
any ICANN-related matter.
I have acted as an arbitrator in a few UDRP matters, all of which are
public, but none since e-resolution folded.
Your posts, and Stuart Lynn's public remarks, illustrate the extraordinary
vindictiveness on part of the key players at ICANN towards those who stand
up to it. There are not many of us involved in this process who have no
financial interests that ICANN can harm. I suppose you must find us quite
galling.
But enough of that. Let's have some substance.
On the subject of misrepresentation and fantasy, I direct readers to my
recent dissection of your legal scholarship. It can be found at:
http://personal.law.miami.edu/~froomkin/articles/formandsubstance.pdf
There are two other articles in this series that you (co)authored, one to
which I am responding, and another in which you reply. Are they on line
somewhere so that readers can seee what I am talking about in context?
If not, I would be able to host copies for you if you can email them to me
in a suitable file format.
On Fri, 24 May 2002, Joe Sims wrote:
>
> As I have said on many occasions, I speak for myself unless I state clearly
> that I am speaking for ICANN, which you will know if you pay attention is
> very rare. Any insults are free. How about you; do you speak for yourself
> or are you representing particular clients when you publish your regular
> contribution of misrepresentations, and fantasy?
>
>
> Joe Sims
> Jones Day Reavis & Pogue
> 51 Louisiana Avenue NW
> Washington, D.C. 20001
> Direct Phone: 1.202.879.3863
> Direct Fax: 1.202.626.1747
> Mobile Phone: 1.703.629.3963
>
>
>
> "Michael
> Froomkin - To: Joe Sims <jsims@JonesDay.com>
> U.Miami School cc: ga@dnso.org
> of Law" Subject: Re: [ga] Bret Fausett's contributions
> <froomkin@law.mi
> ami.edu>
>
>
> 05/24/02 03:42
> PM
>
>
>
>
>
>
> I direct your attention to my senate testimony, which was moderately
> specific, and UDRP work, on my website, which is very specific.
>
> I think you owe it to your clients and your public to specify when you
> speek for yourself and when you speak for your clients.
>
> Specifically, do you bill for these insulting emails, i.e. do so as
> ICANN's lawyer, or is this a private effort?
>
>
> On Fri, 24 May 2002, Joe Sims wrote:
>
> > It is nice to see someone actually make some specific suggestions.
> Bret's
> > constructively critical approach to ICANN is always a happy contrast to
> the
> > Byfield's and Froomkin's of the world, who have (at least in my memory)
> > never met an ICANN action or decision they liked. And anyone who had any
> > naive notion that the tabloid they edit was even remotely intended to be
> > objective can see from the exchange between Thomas and Ted that the
> editors
> > have their own unique notion of journalism. The comparison to Bret's
> > ICANNBlog, for example, is pretty stark. I do note that Bret's
> suggested
> > revisions to the mission statement and bylaws are fairly limited, and if
> > you put aside those dealing with at large elections, where we simply have
> > an honest difference of opinion, very limited. The ccSO issue is
> > complicated, and all bound up in the broader question of the cc
> > relationship to ICANN; it would be odd for the cc's to have the right to
> > elect members to the Board of an organization whose policy decisions they
> > refused to recognize as having any effect on them. With respect to the
> > other suggested changes, they are all within the realm of reasonable
> > argument, and as such I am sure will be discussed at the Board retreat.
> > Thanks, Bret, for making the effort, and be prepared for the inevitable
> > conspiracy theories to follow,
> >
> >
> > Joe Sims
> >
> >
> >
> > --
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> > ("unsubscribe ga-full" in the body of the message).
> > Archives at http://www.dnso.org/archives.html
> >
> >
>
> --
> Please visit http://www.icannwatch.org
> A. Michael Froomkin | Professor of Law | froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
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Please visit http://www.icannwatch.org
A. Michael Froomkin | Professor of Law | froomkin@law.tm
U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
+1 (305) 284-4285 | +1 (305) 284-6506 (fax) | http://www.law.tm
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