Re: [ga] Stolen domains, transfers, WHOIS, audit trails, and system integrity

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

Rodrigo and all assembly members,

  Excellent post here as well as from Karl on this yet again ongoing issue
as to a method to resolve these ICANN created problems...
Well done!  The UDRP is, has always been, and shall remain a
miserable failure in this regard as well...

  As Karl also rightly and briefly point out, ICANN cannot and will likely
never be able to adequately address this problem on and international
scale.

Rodrigo Orenday Serrato wrote:

> Ross
>
> You might care to consider the following comments:
>
> 1) If you think that courts are not a reasonable venue in order to reach
> solutions to domain name disputes, I would like to remind you of cases such
> as Panavision v. Toeppen, Ballysucks.com and Sporty's Farm. As long as we're
> at it, I'd also like to remind you that there is an Anti-Cybersquatting
> Consumer Protection Act in force in the United States.
>
> 2) If you do beleive that its just not realistic to rely on local law to
> solve international problems, then it would appear that you have had no
> contact, or very little, if any, with matters concerning international law.
> Local law may be applied to cases which contain international elements if
> said cases have sufficient contact with the forum which law one seeks to
> apply.
>
> In democratic states, access to justice is a fundamental premise, and such
> governments are obliged to guarantee that residents within its territory
> will obtain justice from its courts, whether through the application of
> domestic law or foreign law, depending on what the merits of the case
> warrant.
>
> Uniform dispute policies are a positive development in dispute settlement;
> nevertheless, their existence does not, and furthermore may not, preclude
> the application of local law to a particular case. If the contrary were
> true, sovereigns would be forsaking an indispensable element of their
> sovereignty: the appurtenance to administrate justice within their
> territories.
>
> Atentamente, Regards
> Rodrigo Orenday Serratos
>
> -----Mensaje original-----
> De: owner-ga@dnso.org [mailto:owner-ga@dnso.org]En nombre de Ross Wm.
> Rader
> Enviado el: Viernes, 06 de Diciembre de 2002 04:16 PM
> Para: 'George Kirikos'; 'Karl Auerbach'
> CC: ga@dnso.org
> Asunto: RE: [ga] Stolen domains, transfers, WHOIS, audit trails, and
> system integrity
>
> > Which legislature? I'm in Canada, the seller might be in
> > Korea, and the registry might be in the US, whereas the
> > gaining registrar could be in France, with the losing
> > registrar in Germany.
>
> Anybody that still thinks that the courts are a reasonable way to fix
> the problems that crop up in the namespace day in and day out have been
> living in a cave - theoretically it sounds great, but as you point out
> George, its often far from practical. Apologies to Karl, but its just
> not realistic to rely on local law to solve international problems.
>
> This is why uniform dispute resolution processes are such great ideas -
> they can actually solve real-world problems. The biggest issue that we
> have now though, is that we don't have enough of them and the ones we do
> have need some work.
>
> My biggest expectation for ICANN 2.0 and the new CEO is that this will
> start to get sorted out quickly.
>
>                        -rwr
>
> "There's a fine line between fishing and standing on the shore like an
> idiot."
> - Steven Wright
>
> Got Blog? http://www.byte.org/blog
>
> Please review our ICANN Reform Proposal:
> http://www.byte.org/heathrow
>
> > -----Original Message-----
> > From: owner-ga@dnso.org [mailto:owner-ga@dnso.org] On Behalf
> > Of George Kirikos
> > Sent: Friday, December 06, 2002 4:43 PM
> > To: Karl Auerbach
> > Cc: ga@dnso.org
> > Subject: Re: [ga] Stolen domains, transfers, WHOIS, audit
> > trails, and system integrity
> >
> >
> > Hello,
> >
> > --- Karl Auerbach <karl@CaveBear.com> wrote:
> > > If you look for the protection of rights and if you feel
> > that you have
> > > an unequal bargaining power to enter into contracts that
> > protect your
> > > interests, then the place to go is a legislature, not ICANN.
> >
> > Which legislature? I'm in Canada, the seller might be in
> > Korea, and the registry might be in the US, whereas the
> > gaining registrar could be in France, with the losing
> > registrar in Germany.
> >
> > Some clearer rules for the gTLD domains would be helpful.
> > Right now, it's Verisign really calling the shots, and I
> > trust them less than I do ICANN.
> >
> > I'm all for enforcing contractual rights -- but make it a
> > little bit easier, by helping make the process transparent,
> > documented, etc. A judge trying to make sense of what
> > happened isn't helped when registrars keep shoddy records,
> > and don't stand behind transfers or ownership changes. If it
> > was like the financial industry, there's a "know your client"
> > kind of rule....no such thing in this industry.
> >
> > I'd like to be able to say that on December 6, 2002, I have
> > clear title (save for TM issues, e.g. UDRP, and whether it's
> > a title to the property, or a license, blah blah) and
> > irrevokable control of domains X, Y, and Z. Right now, I
> > can't. A buyer of domain X from me can say even less!
> >
> > Sincerely,
> >
> > George Kirikos
> > http://www.kirikos.com/
> > --
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> >
>
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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 127k members/stakeholders 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: 214-244-4827 or 972-244-3801
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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