Re: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[Dan Steinberg <synthesis@videotron.ca>]

Well its an interesting idea, agreed. And since the task force is simply preparing
a questionnaire right now, I saw no harm in suggesting an addittional question to
this effect.  As for the discussion on how enforceable penalties would be, well
most things not excuded for public policy considerations can be contracted for.
The concept is not alien to any judicial system I have studied.  we shall see...

Patrick Greenwell wrote:

> On Fri, 26 Oct 2001, William X Walsh wrote:
>
> > Friday, Friday, October 26, 2001, 4:21:01 PM, Roeland Meyer wrote:
> >
> > > Cute ... so what's the penalty?
> >
> > Exactly. There should be a monetary penalty for reverse hijacking
> > decisions, in compensation to the domain owner.  A punitive like
> > penalty, that they must agree to pay if they are found to be engaging
> > in a reverse hijacking attempt as a condition of being permitted to
> > initiate a UDRP action.
> >
> > What do the rest of you think of this concept?
>
> I think it's a potentially interesting idea, but I find it unlikely that
> you'll ever get "consensus"(aka the ICANN staff and BOD) to buy into it.
> There's also a pretty significant enforcement issue. How would you propose
> to enforce judgements?
>
> /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
>                                Patrick Greenwell
>                  "There should be warning labels for politicians."
>                             --  Derek Smalls
> \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/
>
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Dan Steinberg

SYNTHESIS:Law & Technology
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