> From: David Lindsay <d.lindsay&#167;law.unimelb.edu.au>
> Reply-To: dns&#167;auda.org.au
> Date: Wed, 13 Jun 2001 10:20:23 +1000
> To: dns&#167;auda.org.au
> Subject: Re: [DNS] "the person may well be actingfrom self-interest"
> Resent-From: dns&#167;auda.org.au
> Resent-Date: Wed, 13 Jun 2001 08:20:15 +0800
> 
> my small contribution to the Melbourne WIPO consultation
> (agreeing to act as a contact) was intended to encourage this.


IN THE SUPREME COURT OF URUGUAY
AT MONTEVIDEO

No [???] of 2001


[proceedings first notified at ICANN.stockholm.chat
on Monday 3 June 2001: see ICANN archive url]


Dot Humanrights Interim Trust and others
Applicant

ICANN (Ca, USA corporation and USG-agency)
First Respondent

WIPO (USA-controlled organisation)
Second Respondent

ISOC (USA-controlled "ngo")
Third Respondent


D R A F T 
Affidavit of L J Lindon affirmed ?/6/01 re WIPO


I, Leonard John Lindon, of List L, 555 Lonsdale St, Melbourne
in the State of Victoria of the Commonwealth of Australia,
Barrister, say as follows:


WIPO-Melbourne "consultation"


1. At 7.36pm Melbourne time Tuesday 15 May 2001 I copied
 http://ecommerce.wipo.int/cgi-bin/process2consult.cgi into
my computer: here is a reproduction of the text on that url:

> Thank You 
> 
> Thank you, Len Lindon
> 
> The following information has been submitted for your registration to one of
> the Second WIPO Internet Domain Name Process regional consultations:
> Name:    Len Lindon
> Title / Function:    Interim Trustee
> Organization / Company:    .humanrights
> Address:    http://www.humanrights.com.au/dhr
> Telephone Number:
> Fax Number:    
> Email Address:    info&#167;humanrights.com.au
> Interest:    *Please select from the list below*
> Meeting to be attended:    Melbourne, Australia
> Presentation:     Will make a presentation
> Presentation subject(s)    1. Future Users 2. Public Namespaces 3. Attempted
> control of the internet by a single UN Member State, USA. 4. Attempted
> control of the internet by rich USA males. USA males.
> 
> If you have any questions, please contact us directly at:
> World Intellectual Property Organization
> Office of Legal and Organization Affairs
> Electronic Commerce Section
> 34 chemin des Colombettes
> 1211 Geneva 20
> Switzerland
> 
> Tel: (41 22) 338 9164
> Fax: (41 22) 740 3700
> E-mail: ecommerce.meetings&#167;wipo.int
> ------------------------------------------------------------------------
> 
> Return to WIPO Process 2


2. Shortly thereafter I received the following confirmatory email:
> 
> ----------
> From: ecommerce.meetings&#167;wipo.int
> Reply-To: ecommerce.meetings&#167;wipo.int
> Date: Tue, 15 May 2001 11:41:58 +0200
> To: info&#167;humanrights.com.au
> Subject: WIPO Second Internet Domain Name Process
> 
> 
> Dear Len Lindon,
> 
> Thank you for your registration request to attend the Melbourne, Australia
> regional consultation. We have received the following information from you:
> 
> Name: Len Lindon
> Title / Function: Interim Trustee
> Organization / Company: .humanrights
> Address: http://www.humanrights.com.au/dhr
> 
> Telephone: 
> Fax: 
> Email: info&#167;humanrights.com.au
> 
> Interest: *Please select from the list below*
> Meeting: Melbourne, Australia
> Presentation: Will make a presentation
> Presentation subject: 1. Future Users
> 2. Public Namespaces
> 3. Attempted control of the internet by a single UN Member State, USA.
> 4. Attempted control of the internet by rich USA males.
> USA males.
> 
> *********
> 
> If you have any questions/comments, please contact us directly at:
> World Intellectual Property Organization
> Office of Legal and Organization Affairs
> Electronic Commerce Section
> 
> Tel: (41 22) 338 9164
> Fax: (41 22) 740 3700
> Email: ecommerce.meetings&#167;wipo.int
> 
> 
3. Although I had a brief appearance in the Melbourne Magistrates Court
before Magistrate Beda (on behalf of client X for solicitor Z), I managed to
attend the WIPO meeting on the appointed day at about 10.30am.

4. Upon entering the meeting (of no more than 50 people, mostly in suits), I
was requested by a male apparently an organiser to exit the room and
register. In the adjoining coffee-room, I filled in a form in the presence
of a female person I assume to be Mary White (mentioned in WIPO/MelbUni
material as the contact other than DL). I stated the same information as
in the email above-- including specifically checking the box affirming I
was to give a presentation and stating the subject matter as above.

5. I now call upon DL to produce a copy of the said paper Registration in
jpeg file format (i.e. scanned into a digital form for online posting).

6. No person approached me to ask about the time or other requirements and
preferences of my presentation. I believe I was well-known by reputation to
many of the people present. Given that I was the only person who failed to
engage in the clubby coffee & lengthy lunchbreak socialisation, I assume
my presence must have been obvious to the organisers ostensibly keen to hear
all  presentations.

7. Upon my return to the meeting after the (lengthy) Lunch (which I believe
most attendees at the meeting attended), there was still no announcement or
contact about my proposed presentation. Upon receiving a call on an urgent
matter at about 2.45pm, I left the meeting. It should be noted that the
rest of the afternoon appeared to be for auDA officers (and that the entire
proceedings witnessed by me were a series of presentations by (and fairly
harmless questions to) Certain Persons who had obviously been given
formal timeslots to appear by prearrangement.

8. I should note that there did not appear to be any Indigenous People
present. Indeed, I received a telephone from an Indigenous Internet Expert
prior to my departure and asked what if anything I could/should say upon
the Indigenous Namespace issues raised in the WIPO report and this meeting.
I was instructed that in the absence of any Indigenous People, the meeting
could not possibly properly consider the issue at all.

9. I had no intention to in any way legitimise the so-called "process" of
this WIPO so-called "consultation".

10. I believe that my name and other registration details will be used by
WIPO to spuriously suggest that somehow my attendance there involved
"consultation" or even a hearing of my proposed presentation.

11.  At about 8.45pm on Tuesday 14/06/01 I received the following result
from a google search (prompted, it should be noted, by the use of the term
"nonsense" by DL in seeking to exclude or otherwise censor the relevant
posts of JF-- see email quotes reproduced in paragraph 13 of this
affidavit):

http://www.google.com/search?q=cache:d0OVwQvv7fo:www.smh.com.au/icon/0003/18
/review7.html+David+Lindsay+Melbourne

> WIPO
> WORLD  INTELLECTUAL  PROPERTY  ORGANIZATION
> GENEVA                                    ANNOUNCEMENT
> SECOND WIPO INTERNET DOMAIN NAME PROCESS                             REGIONAL
> CONSULTATION
> Melbourne, Australia
> May 24, 2001 ...

> ... a Final Report, expected to be published by WIPO in
> mid-2001.  The Report will be submitted to The Member States
> of WIPO and provided to the Internet community, including the
> Internet Corporation for Assigned Names and Numbers (ICANN) .

> Enquiries / Local Contacts:
> Office of Legal and Organization Affairs, WIPO

> Mr. David Lindsay
> Tel: (61 3) 8344 6195
> E-mail: d.lindsay&#167;law.unimelb.edu.au

12. I intend to [did?] draw everyone's attention to this unsatisfactory
state of affairs at the evening seminar DL has [had] organised,
to be held at Melbourne University [exact location tba?] on 3 July
(from 5.30pm):
 
> The speaker will be Dr Francis Gurry, Assistant Director General of WIPO
> - who chaired a number of the recent WIPO regional domain name consultative >
> meetings, including the Washington meeting.

13. This is the mailing-list post of DL containing the objectionable
comments referred to in paragraph 10 above:

> From: David Lindsay <d.lindsay&#167;law.unimelb.edu.au>
> Reply-To: dns&#167;auda.org.au
> Date: Tue, 12 Jun 2001 14:11:12 +1000
> To: dns&#167;auda.org.au
> Subject: [DNS] Re: Jim Fleming
> Resent-From: dns&#167;auda.org.au
> Resent-Date: Tue, 12 Jun 2001 12:10:57 +0800
> 
> the person may well be acting
> from self-interest

> nonsense  

Affirmed at Melbourne   }

Monday [19??] June      }

2001                    }

Before me:

[accredited official witnessing affidavit]