Re: [ga] OECD Report

["Ross Wm. Rader" <ross@tucows.com>]

Further to that, the OECD statements makes statements concerning the whole
based on observations of the parts. As a result, the conclusion doesn't
hold, despite its base in a valid root observation.

-rwr

----- Original Message -----
From: "Dan Steinberg" <synthesis@videotron.ca>
To: <DannyYounger@cs.com>
Cc: <ga@dnso.org>; <mcade@att.com>
Sent: Wednesday, April 10, 2002 1:25 PM
Subject: Re: [ga] OECD Report


> Danny,
>
> The thing is, a determination of 'cybersquatting' is really something no
> one can make in advance. Its a question of facts on each individaul
> case.  So I question any conclusions made from 'volume of registration
> fees'. There is a reason the system has no incentive for diligence. As I
> have reminded people since 1995, only the courts have the right to act
> as courts. Any other actors (registries, registrars, resellers, etc.)
> are simply not courts and have no business making judgement as to
> whether any particular registration constitutes 'cybersquatting'
> (acutally the UDRP does not even use the term cybersquatting).
>
> DannyYounger@cs.com wrote:
> >
> > Marilyn,
> >
> > I read with interest the OECD report
> > http://www.oecd.org/pdf/M00027000/M00027316.pdf that you posted to the
WHOIS
> > list, especially this particular conclusion:
> >
> > << The record in this case demonstrates that the Registrars's interest
is to
> > keep the cybersquatters as client for the volume of registration fees
they
> > generate and to avoid helping the victim -- which might lead the client
to
> > switch to a more protective registrar.  The system provides no incentive
for
> > the Registrar to exercise any degree of diligence or to help reduce the
> > victim's period of losses or recovery costs, even when its contract
gives it
> > every ability to do so. >>
> >
> > --
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