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

["Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>]

The weirdest thing about all this is that if you control for defaults, the
rates of plaintiff success were roughly the same at all providers.

What made eRes different is that *everything* was online.  That, or
somthing else about the service (we may never know what), produced a
substantially lower level of defendant defaults, skewing the apparent
success rate.  Making it easier for defendants to actually answer the case
against them resulted in having more defendants win. 

Of course, lawyers just looked at the bottom line total, for
understandable reasons and the market did the rest.

Meanwhile, I refer you to this letter, sent 2/11/00, which ICANN never
deigned to answer:

http://www.icannwatch.org/archive/post_froomkin_udrp_letter.htm

On Wed, 5 Dec 2001, Dan Steinberg wrote:

> 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).
> 
> 

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