Re: [ga] Re: Weikers position on UDRP

["Louise Ferguson" <louise.f@ntlworld.com>]

> Harald Alvestrand wrote:
>
> > One reason for the UDRP going for low fees was to make the process
> > available also to small companies who were victims of abusive domain
name
> > registration.
> >
> > The UDRP discussions at WIPO focused a lot on getting the simple cases
out
> > of the way fast; the complex cases where > 10 documents were filed as
> > evidence were intended to be moved to the normal legal system.
>
> The notion that the number of documents filed is what makes a case complex
> deserves a
> second look.

True, it doesn't make for complexity, but the process does not set a limit
on material submitted, and in a short time the panellist has to wade through
what may be a large boxful of material if he/she is to fairly consider each
side's case (do they always?). It's time-consuming if one is to do the job
properly.

It is arguably the cases in which the registrant doesn't even file
> a reply
> that deserves the greatest scrutiny, as these are the most likely to
involve who
> have
> simply surrendered their rights when confronted with a challenge.

In some cases it may be clear why. But it was pretty odd that the owners of
StMoritz.com didn't respond. A company with a string of operational domains.
Are some people just ignoring the UDRP now?

> > I think one of the failures of the UDRP is that the panelists have
handed
> > out decisions where they should have been saying "this is too complex to
> > decide under the UDRP".
>
> Francis Gurry of WIPO is quoted in this morning's NY Times as saying that
UDRP
> cases only involve "black and white issues" that are do not require any
balancing
>
> of the rights of the parties involved.  Maybe the notion that there is any
form
> of law
> that is ever purely black and white is the fatal flaw in the UDRP.
>
He's come up with this 'black and white' and 'cut and dried' quite a few
times. If he believes this himself - he may have convinced himself through
repetition - then there seems little hope of reform from within.

Louise
>
>
> >
> >
> >                  Harald
> >
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