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ProCD, Inc. v. Zeidenberg, 86 F.3d 1447 (7th Cir., 1996). I believe that is the principal case and often cited, and I don't believe the US Supreme Court has yet ruled on this issue.

this link cited in the wikipedia article also provides some interesting discussion.

See my additional post also, where I acknowledge a mistake in my above post. It is also important to note that this is still a bit of a nebulous area of the law, so the blizzard case could have far-reaching impacts.

I'm not sure I see what the conflict is. Unless she had some sort of direct dealing with DoubleClick, Jones Day is the 8th largest law firm in the world with over 2200 lawyers and represents a significant number of major telecommunications companies including AOL, DirecTV, General Electric, IBM, Lucent, Sprint Nextel, Time Warner, Verizon, and Yahoo! (see more clients)

What bar should we set here? Should the Commissioner recuse herself from any case relating to any company that has worked with her previous company?

Also refusing to recuse himself from the DoubleClick acquisition review is FTC Commissioner William E. Kovacic, whose wife - Kathryn M. Fenton - is a partner at Jones Day. Fenton is listed as a contact on the web page touting Jones Day's experience with Media clients, which was recently modified to eliminate DoubleClick.

Also refusing to recuse himself from the DoubleClick acquisition review is FTC Commissioner William E. Kovacic, whose wife - Kathryn M. Fenton - is a partner at Jones Day. Fenton is listed as a contact on the web page touting Jones Day's experience with Media clients, which was recently modified to eliminate DoubleClick.

If we're talking about what ought to be, believe me when I say that I have no love for EULAs.

But even more than I hate EULAs, I hate sweeping and incorrect legal analysis by armchair lawyers.

"Software EULAs have no legal weight" is demonstrably false: there are cases where they have been upheld. The question is more complex than that. That's the only statement I was trying to make.

As an aside, I see several other cases described on this page that apparently have also upheld the enforceability of EULAs. I can't find the texts of the rulings online or more information about the exact circumstances, but a world where EULAs have no teeth seems to be getting more remote. :(

TO ICANN LAWYERS - JONES, DAY, REAVIS & POGUE

Why do ICANN stick with Jones, Day, Reavis & Pogue? Is it because of certain old ICANN links with them? Are JDRP profiteering? They are very costly - have ICANN looked for other Law firms?

Have you checked out JDRP.com - and their people involvement with ICANN?

A quote from a Karl Auerbach:

Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.

Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.

Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.

Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.

And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.

There is in my mind a question about the appearance of propriety.

Karls platform.

***End quote.

In a good two month period, October and November 2000, they got $465,553.67 from ICANN.

ICANN minutes.

As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers, I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.

Jones, Day, Reavis & Pogue.

Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu - even common words you learnt with your A B C's - apple, ball and cat - most many times over.

MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with six trademarks - U.S. alone (please check). Conflict is IMPOSSIBLE to avoid.

The solution to this problem has been ratified by experts - so that ALL registered trademarks can be identified on the Internet.

Jones, Day, Reavis & Pogue know this solution.

They would lose a lot of money, if there was less trademark problems on the Internet - wouldn't they?

Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.

There is in my mind certainly no question about the appearance of corruption - it is beyond doubt.

Please visit WIPO.org.uk to see. No connection with the United Nations WIPO.org.

TO ICANN LAWYERS - JONES, DAY, REAVIS & POGUE

Why do ICANN stick with Jones, Day, Reavis & Pogue? Is it because of certain old ICANN links with them? Are JDRP profiteering? They are very costly - have ICANN looked for other Law firms?

Have you checked out JDRP.com - and their people involvement with ICANN?

A quote from a Karl Auerbach:

Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.

Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.

Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.

Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.

And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.

There is in my mind a question about the appearance of propriety.

Karls platform.

***End quote.

In a good two month period, October and November 2000, they got $465,553.67 from ICANN.

ICANN minutes.

As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers, I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.

Jones, Day, Reavis & Pogue.

Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu - even common words you learnt with your A B C's - apple, ball and cat - most many times over.

MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with six trademarks - U.S. alone (please check). Conflict is IMPOSSIBLE to avoid.

The solution to this problem has been ratified by experts - so that ALL registered trademarks can be identified on the Internet.

Jones, Day, Reavis & Pogue know this solution.

They would lose a lot of money, if there was less trademark problems on the Internet - wouldn't they?

Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.

There is in my mind certainly no question about the appearance of corruption - it is beyond doubt.

Please visit WIPO.org.uk to see. No connection with the United Nations WIPO.org.

I had asked the question before on ICANNs own forum: It seems to me difficulties are due to piss poor management and nothing to do with need for structural reform. For instance, why stick with Jones, Day, Reavis & Pogue? Is it because of certain old ICANN links with them? Are JDRP profiteering? They are very costly - have you looked for other Law firms?

Have you checked out JDRP.com - and their people involvement with ICANN?

A quote from a Karl Auerbach:

Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.

Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.

Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.

Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.

And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.

There is in my mind a question about the appearance of propriety.

Karls platform.

***End quote.

In a good two month period, October and November 2000, they got $465,553.67 from ICANN.

ICANN minutes.

As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers, I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.

Jones, Day, Reavis & Pogue.

Virtually every word is trademarked, be it Alpha to Omega or Aardvark to Zulu - even common words you learnt with your A B C's - apple, ball and cat - most many times over.

MOST share the same words or initials with MANY others in a different business and/or country. For example, the World Trade Organization (WTO) shares its initials with six trademarks - U.S. alone (please check). Conflict is IMPOSSIBLE to avoid.

The solution to this problem has been ratified by experts - so that ALL registered trademarks can be identified on the Internet.

Jones, Day, Reavis & Pogue know this solution.

They would lose a lot of money, if there was less trademark problems on the Internet - wouldn't they?

Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.

There is in my mind certainly no question about the appearance of corruption - it is beyond doubt.

Please visit WIPO.org.uk to see. No connection with the United Nations WIPO.org.

BM> I'm refuting your post that suggests that you let your beliefs interefer with your findings.

My beliefs are based on reasoned logic - and have not been refuted. My findings are objective - and can be proven to be so. Please give evidence that the findings are not objective.

BM> I interpret this as if you think that your beliefs - in conjunction with your findings - have proven something, which of course is rubbish.

As my reply above shows - you misinterpret.

BM> I don't see corruptness or conspiracies here...

Just like there was no corruptness or conspiracies at Enron.

I see it to be just like there - they all gain - the Lawyers, ICANN, WIPO and US DOC.

You are either niave, stupid or somebody with vested interest (e.g. Lawyer or in Big Business).

I believe the corruption runs deep through ICANN right to the United States Department of Commerce.

For instance, checkout JDRP.com - and their people involvement with ICANN.

A quote from Karl Auerbach:

Jones, Day, Reavis & Pogue is ICANN's law firm, and has been so since the day of ICANN's birth. Indeed Jones-Day actually performed the incorporation ceremony in its Los Angeles offices.

Jones, Day, in the person of its principle man-on-the-ICANN-scene, Joe Sims, was present for at least half a year before ICANN was born, working in the shadows, responding to unknown interests and possibly making unknown deals. About all we know about that period is that those who were not insiders to Joe Sims process were ignored and that those who objected were treated with condescension and abuse.

Over the life of ICANN, Jones, Day has been the the dominant creditor of ICANN.

Even now Jones, Day continues to receive a lion's share of every dollar that flows into ICANN.

And one of Jones, Day's partners, Louis Touton, left the firm to become ICANN's Vice-President, Secretary, and General Counsel.

There is in my mind a question about the appearance of propriety.

***End quote.

In a good two month period in October and November 2000 they got $465,553.67 from ICANN.

As it one of the largest intellectual property practice groups in a general-practice law firm - with more than 85 intellectual property lawyers; I would imagine Jones, Day, Reavis & Pogue make a lot of money on trademarks problems on the Internet.

They would lose a lot of money, if there were less trademark problems on the Internet - wouldn't they?

Draw your own conclusions - but it is my opinion they do not want the solution to 'consumer confusion', 'trademark conflict' and 'passing off' problems on the Internet.

There is in my mind certainly no question about the appearance of corruption.

ICANN should be less worried about the CCtlds and focus on their own organization! The total personnel costs for ICANN are projected at $2.217 million dollars! I would like to know what EXACTLY the staff members do to deserve this type of money? ICANN is the biggest bunch of hypocrites to come along since the US Congress!