Re: [ga] serious participation in ICANN processes

[Jeff Williams <jwkckid1@ix.netcom.com>]

William, Kristy and all remaining assembly members,

William X. Walsh wrote:

> Hello Kristy,
>
> Friday, April 06, 2001, 1:50:46 PM, Kristy McKee wrote:
>
> > The Internet worked better when there was a monopoly.
> > The rules were
> > simple:  first come first serve.
> > Problems were easily resolved over
> > trademark and copyright issues within the courts, etc.  I think ICANN is
> > several steps backwards.
>
> That's not entirely accurate.  NSI's flawed domain dispute policy
> enabled a trademark holder to get a domain actually shut off until the
> respondent actually won in court.

  Well this is also not entirely accurate either, William.  If the registrant
filed for a stay or and injunction blocking the shut off of their registered
domain that was being challenged, it would not necessarily be shut off.
This occurred in several instances as I recall.  These are well
documented also....

>
>
> I don't consider that to be preferable, while I also agree the UDRP is
> fatally flawed, at the least it doesn't turn off a domain until a
> decision has been made, even if those decisions are being made in a
> manner inconsistent with law and by a method which gives automatic
> preference to the complainant.

  ALthough you premise (See above) is somewhat flawed accordingly,
it is also true however that the UDRP is fatally flawed, and this has
been well vetted.  Yet it remains in place and to date unchanged.
Given that there are now going to be serious challenges from new
registries outside of the ICANN sphere of influence, and the UDRP,
this point may become moot.  Time will tell the tale here.  I
personally have always believed as have our members, that this
is inevitable...

>
>
> I also take exception with Roberto's giving ICANN credit for
> "breaking" NSI's monopoly.  That was going to happen regardless, the
> green paper and white paper processes led to that.  ICANN just simply
> assisted along a process that they didn't initiate nor decide on.

  Of course, agreed.

>
>
> --
> Best regards,
>  William                            mailto:william@userfriendly.com
>
> --
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-447-1800 x1894 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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