Re: [nc-udrp] Authoritative Texts of UDRP Decisions

["J. Scott Evans" <jse@adamspat.com>]

All:

Let's not make a mountain out of a mole hill.  I say let's ask Louis his
position.  We could also send a formal e-mail or letter from the Task Force
each provider for which we do not have a clear answer.  This will allow us
to collect the necessary information to formulate a position in our
recommendations to the NC.

J. Scott
----- Original Message -----
From: "Michael Froomkin - U.Miami School of Law" <froomkin@law.miami.edu>
To: <nc-udrp@dnso.org>
Sent: Wednesday, February 06, 2002 8:30 AM
Subject: RE: [nc-udrp] Authoritative Texts of UDRP Decisions


> [cc's trimmed]
>
> It seems clear to me that we should in our revisions require that the
> decisions be subject to something like the copyleft license.
>
> On Wed, 6 Feb 2002, Neuman, Jeff wrote:
>
> > It was always my impression that the Copyright to those decisions
belonged
> > to ICANN (although I admit that this was never explicitly stated in
> > writing).  Someone may have done this already, but has anyone called
> > eresolution to see if we could get the decisions, or if the decisions
can be
> > hosted elsewhere, or even if they would claim infringement if we copied
> > them?
> >
> > I know we have tried to address this problem in .us in that we are
requiring
> > that the decisions be sent to NeuStar to keep on file in the event that
this
> > happens.  For .biz, we are requesting copies of the STOP proceedings as
> > well.
> >
> > I do believe that eresolution's decisions should also be made publicly
> > available.
> >
> > -----Original Message-----
> > From: John Berryhill [mailto:john@johnberryhill.com]
> > Sent: Tuesday, February 05, 2002 11:54 PM
> > To: nc-udrp@dnso.org
> > Cc: halloran@icann.org; touton@icann.org
> > Subject: [nc-udrp] Authoritative Texts of UDRP Decisions
> >
> >
> >
> >
> > I find the silence on the question of copyright in UDRP opinions from
the
> > DRP representatives to be somewhat baffling, as the question has taken
on
> > some urgency.  It's a simple question which merits a yes or no answer.
> >
> > As of today, the plug appears to have been pulled on eresolution.ca.
Hence,
> > there is now no authoritative source of the text of any eResolution
> > decision, and all of the links from the ICANN UDRP index to eResolution
> > decisions are now broken.  This may come as some relief to certain
attorneys
> > in New York who were sanctioned by a federal judge this month for having
> > brought the cello.com UDRP proceeding in violation of the final order in
> > _Cello Holdings v. Lawrence-Dahl Companies_.
> >
> > I have become aware that several individuals have privately backed up
copies
> > of these decisions, and have offered to make them available to me on the
> > condition that I not identify them, since these individuals do not want
to
> > be accused of copyright infringement.  This is a ridiculous way to
practice
> > law - citation by Napster.
> >
> > On the upside, though, I guess we are all free to amend the text of
these
> > decisions as needed to fit, since nothing cited from an eResolution
decision
> > can be checked against an authoritative text.
> >
> > The ICANN-DRP agreement, which requires DRPs to post their decisions, is
> > obviously flawed in that it fails to contemplate the possibility of a
DRP
> > going belly-up.  While I realize that a similar vulnerability exists due
to
> > ICANN's failure to implement a registar data escrow system for domain
> > registrations, surely it is not a great burden for the authoritative
text of
> > UDRP decisions to be maintained by ICANN, rather than in potentially
> > unstable proprietary databases.
> >
> > WIPO posts an express disclaimer on the website which permits copying.
The
> > NAF website has no terms of use at all.  CPR-ADR and the Asian DRP
coming
> > online are too insignificant to worry about.
> >
> > Tim?  Does the NAF claim a copyright in NAF UDRP decisions?
> >
> > Jim?  Does the NAF require you to sign a release when you write one?
> >
> >
> >
>
> --
> 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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