[wg-review] a law suit against us? Serious or not?

[Jefsey Morfin <jefsey@wanadoo.fr>]

Dear Len,
If I read you right you say in lay words four things to us:

1. ICANN is breaking anti-trust laws of Australia

2. as participants to this WG-Review and beneficiaries of ICANN worldwide 
domain name advantages, Australia we are beneficiary accomplices

3. if the ICANN is convinced of such practices the Australian law will 
consider the ICANN as disbanded and we will be directly held as 
co-responsible for ICANN, including financially speaking (damages and 
reimbursements of monies paid by the auNIC).

4. as being used for free by the ICANN we can be freed from charges
     - if we help in documenting ICANN's criminal offences.
     - if help developing the DNSO in an acceptable way to the Australian 
law (and to other countries).

If I understand the legal situation right: since ICANN is an US operation 
spoiling Australian interests, the US law takes into account the law of 
Australia and any US court can accept an action against ICANN and us on 
these grounds.

I understand there is a parallel action to forbid the Melbourne ICANN 
meeting by fear of riots against ICANN.

I personally know that a legal study is currently performed to know if the 
ICANN actually exists for the countries of French legal culture as the 
ICANN has no Member. In such a case, there would be no legal case against 
the ICANN but we would share the same legal and financial responsibilities 
as far as the taxes and the commercial interests of these countries are 
concerned.

I frankly think this kind of action will not harm us a lot immediately, but 
we should certainly keep an eye on it, specially, US, Australian, French 
citizens and companies. I am more concerned by the image given about a poor 
understanding of international issues by a US centric ICANN. Even if these 
actions are wrong, a standard international organization set-up would 
probably have prevented that kind of actions and loss of time and money.

Thank you Len for your concern as we know you do this not to fight the 
ICANN but to fight for a better ICANN.

Jefsey

PS. If you go through, I think that us folks should not chose Joe Sims as a 
barrister (may be could we not afford his bill anyway).