Re: [ga] eresolution realizes fairness doesn't pay under udrp

[Dan Steinberg <synthesis@videotron.ca>]

If GA members feel this way I suggest posting specific comments to this effect at
the UDRP questionnaire.
The deadline for submissions is fast approaching.

http://www.dnso.org/dnso/notes/20011107.UDRP-Review-Questionnaire.html is a
working URL for the questionnaire (now translated into French, Spanish and I
heard a rumour about Japanese as well).

L Gallegos wrote:

> On 5 Dec 2001, at 23:22, Paul Cotton wrote:
>
> > Hi John,
> >
> > ----- Original Message -----
> > From: "John Berryhill Ph.D. J.D." <john@johnberryhill.com>
> > <snip>
> > And if the lawyer knows that NAF has a higher complainant win rate than
> > eRes, that lawyer is "scrupulous" if she witholds that information from her
> > client?
> >
> > It would be malpractie NOT to seek to obtain the most favorable outcome for
> > one's client.  Apparently, some former DRP's have no scruples when it comes
> > to ignoring one of a lawyer's primary ethical obligations. <snip> --
> >
> > I understand your points entirely - the problem is that such discrepancy
> > exists between forums in the first place, not that lawyers may choose to
> > exploit that discrepancy (as their paying clients would expect).
> >
> > Regards
> >
> > Paul Cotton
> >
>
> I agree with you Paul.  On the assumption that the UDRP is in any way
> fair or just (NOT), it would seem feasible that to stop forum shopping
> cases would be assigned on a rotating basis.  That would go against
> the grain of IP interests, but would be a bit more fair to all - just a bit.
>
> I would love to be able to "eat my words" and see some type of just
> program to resolve disputes.  I don't see that with the UDRP at all.
>
> Leah
>
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--
Dan Steinberg

SYNTHESIS:Law & Technology
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