Re: [ga] eresolution realizes fairness doesn't pay under udrp

[Eric Dierker <eric@hi-tek.com>]

Of course isn't it rational to assume that after Mr. Lovell's post that we understand
that being on-line favors the type of people who use the internet and perhaps does not
favor IP lawyers. Certainly it favors on-line in pro pers.  But was not that the gist
of the UDRP?  Or did we just create a lucrative forum after all.

I am not certain but the openness and transparency of the Internet is not really
helpful to the ambush tactics of a good trial attorney.  (oh believe me I mean nothing
derogatory here as any litigatant I want the best)

Surely discovery rules by most courts these days are helping "fast track" trial and aid
in settlement by open pretrial disclosure of all facts relevant, or not.  The Wipo
procedures go against that grain and aid the trial by best trial lawyer tactic.

This is a very complex issue but my belief is that the general grouping here is more
than adequate to give recommendations on such highly provocative issues.

Sincerely,

"Michael Froomkin - U.Miami School of Law" wrote:

> The weirdest thing about all this is that if you control for defaults, the
> rates of plaintiff success were roughly the same at all providers.
>
> What made eRes different is that *everything* was online.  That, or
> somthing else about the service (we may never know what), produced a
> substantially lower level of defendant defaults, skewing the apparent
> success rate.  Making it easier for defendants to actually answer the case
> against them resulted in having more defendants win.
>
> Of course, lawyers just looked at the bottom line total, for
> understandable reasons and the market did the rest.
>
> Meanwhile, I refer you to this letter, sent 2/11/00, which ICANN never
> deigned to answer:
>
> http://www.icannwatch.org/archive/post_froomkin_udrp_letter.htm
>
> On Wed, 5 Dec 2001, Dan Steinberg wrote:
>
> > If GA members feel this way I suggest posting specific comments to this effect at
> > the UDRP questionnaire.
> > The deadline for submissions is fast approaching.
> >
> > http://www.dnso.org/dnso/notes/20011107.UDRP-Review-Questionnaire.html is a
> > working URL for the questionnaire (now translated into French, Spanish and I
> > heard a rumour about Japanese as well).
> >
> >
>
> --
>                 Please visit http://www.icannwatch.org
> A. Michael Froomkin   |    Professor of Law    |   froomkin@law.tm
> U. Miami School of Law, P.O. Box 248087, Coral Gables, FL 33124 USA
> +1 (305) 284-4285  |  +1 (305) 284-6506 (fax)  |  http://www.law.tm
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