Re: [wg-review] Trademarks and UDRP

[Andrew Moulden <andrew@FoolStop.com>]

> > I am also concerned about the issue of the UDRP and associated rulings
> > being applied to third and forth level hostnames/domains.  I have
> > already personally witnessed attempts to threaten UDRP and law courts
> > over third and forth level domain names.  Just where is it going to end?
>
>It's hard to say.  The battles will continue for several years,
>probably, and eventually some combination of case law, legislation, and
>UDRP precedents will stabilize.  *Where* it stabilizes is not really
>that important, in the long run -- just *that* it stabilize.  I firmly
>believe that if the rules were well-known and dependable, then people
>would simply deal with them.  Free expression would just route around
>the rules, whatever they might be, as it always does.  The real problem
>here is that the rules are in flux.

I would appreciate some clarification here, Kent, on why you believe 
stabilization will occur as a matter of course.  Case law and legislation 
are country-specific and therefore unlikely to converge completely. UDRP 
"precedents" are mutually contradictory in many areas; see, for example, 
the informative but incomplete http://eon.law.harvard.edu/UDRP/decisions/.

I would also be interested to critique a justification of your statement 
that where precedents stabilize is "not that important, in the long run".

Regards,
Andrew

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