RE: [ga] ICANN benefits

["Dassa" <dassa@dhs.org>]

|> -----Original Message-----
|> From: Dave Crocker [mailto:dhc2@dcrocker.net]
|> Sent: Tuesday, April 10, 2001 12:56 AM
|> To: dassa@dhs.org
|> Cc: ga@dnso.org
|> Subject: RE: [ga] ICANN benefits
|>
|>
|> 1. You <<snipp>>ed my statement acknowledging that the
|> UDRP needs improvement.

I snipped all the material except the section I was commenting on.
Standard practice and was not intended to demote your statement.

|> 2.  You are ignoring that the UDRP is a vast improvement
|> over the NSI policies.

Matter of opinion.  I have not made my mind up about this.  I do not
like accepting something "just" because it is a slight improvement.

|> 3.  You assertion that the UDRP gives trademark holders "much" more
power
|> can be debated.  In any event, see #1, above.

Keep in mind I was commenting on the statement I quoted and that I was
not commenting on your personal opinion or statements as such but the
content.  Which makes #1 irrelevent.

|> 4.  You ignore that the UDRP makes the process vastly cheaper for
the
|> domain holder, as well as the trademark claimant.

No, I do not see this as being a fact.  It is very clear that it is
substantially cheaper for claimants but I would not accept it is
cheaper for the defendant.  Without the UDRP, a lot of these claims
would never be made as they have no basis under the law in a lot of
areas.

|> 5.  You have no statistics to support your claims of unfairness as
a
|> substantial pattern.

I can claim you have no more relevent statistics to support your
claims of fairness.  However, if we look at some of the figures
provided at http://dcc.syr.edu/roughjustice.htm
We see the following:
Complaint Dismissed               191  19.6%
Name Cancelled                     16  01.6%
Name Transfer                     764  78.4%
Split                               4   0.4%
Terminated / Withdrawn / Settled  195  16.7%*

I would call nearly 20% of cases being dismissed a matter of serious
concern.  It shows the process is placing an unfair burden on
defendants.  Especially if the high number of defaulted claims are
taken into consideration.  Personally I don't take too much notice of
statistics, they can always be made to favour one or another stance.
Reading through the above site does provide some food for thought.

Darryl (Dassa) Lynch.




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