[ppml] More on Kremen/Cohen

[Ted Mittelstaedt]

>-----Original Message-----
>From: Stephen Sprunk [mailto:stephen at sprunk.org]
>Sent: Thursday, August 02, 2007 3:41 PM
>To: Ted Mittelstaedt
>Cc: ARIN PPML
>Subject: Re: [ppml] More on Kremen/Cohen
>
>

>
>Counsel has not told us that we need to care about the Kremen/Cohen matter
>when making policy, so it's off-topic here until then,

That isn't correct.  If Counsel issues an opinion that the
Kremen/Cohen matter is of no consequence when making policy then
you would have a point.  However, Counsel not issuing an
opinion one way or the other, cannot be construed that the matter
is of no consequence.

Your argument is similar to saying that because the lawyer down
the street hasn't told me that I need to have homeowners insurance,
then I must not need to have it.

Since lawyers cost money, the usual procedure in most organizations
is to not ask them to review anything unless your ready to
implement it.  Our policy discussions here are quite far in advance
of implementation so it wouldn't be usual for them to be reviewed
by legal counsel.  That does NOT mean, however, that you go and
do something obviously illegal.  I could propose a policy that
spammers be shot-dead-on-sight and I'm sure a lot of people might
agree with it, and agree it is best for the community, your being
ludicrous if you say I should go ahead and propose it without
regard to any legal consequences.

While I definitely agree that the Kremen/Cohen fight wasn't
worth anything more than a dismissal on a technicality, I
only agree because of the nature of the combatants.  Neither of
those human beings are worth a plugged nickle.  The issues
raised, however, were bigger than the combatants and definitely
were more than "theoretical legal consequences."

>as are
>Dean's various
>allegations against Mr. Vixie and other folks (many not even
>involved in the
>ARIN process at all).
>

Well, that's a different matter and there's no point in
expanding this thread by including that issue.  Frankly I personally
found the whole thing highly amusing and quite an enjoyable
spectacle - not much different than watching Jay Leno's monologe
on the Tonight Show.  Amusing, and fun, but hardly something to
take seriously.

Ted