Inside ICANNWatch  
Submit Story
Lost Password
Site Messages
Top 10 Lists
Latest Comments
Search by topic

Our Mission
ICANN for Beginners
About Us
How To Use This Site
Slash Tech Info
Link to Us
Write to Us

  Useful ICANN sites  
  • ICANN itself
  • Bret Fausett's ICANN Blog
  • Internet Governance Project
  • UN Working Group on Internet Governance
  • Karl Auerbach web site
  • Müller-Maguhn home
  • UDRPinfo.com;
  • UDRPlaw.net;
  • CircleID;
  • LatinoamerICANN Project
  • ICB Tollfree News

  •   At Large Membership and Civil Society Participation in ICANN  
  • icannatlarge.com;
  • Noncommercial Users Constituency of ICANN
  • NAIS Project
  • ICANN At Large Study Committee Final Report
  • ICANN (non)Members page
  • ICANN Membership Election site

  • ICANN-Related Reading
    Browse ICANNWatch by Subject

    Ted Byfied
    - ICANN: Defending Our Precious Bodily Fluids
    - Ushering in Banality
    - ICANN! No U CANN't!
    - roving_reporter
    - DNS: A Short History and a Short Future

    David Farber
    - Overcoming ICANN (PFIR statement)

    A. Michael Froomkin
    - When We Say US™, We Mean It!
    - ICANN 2.0: Meet The New Boss
    - Habermas@ discourse.net: Toward a Critical Theory of Cyberspace
    - ICANN and Anti-Trust (with Mark Lemley)
    - Wrong Turn in Cyberspace: Using ICANN to Route Around the APA & the Constitution (html)
    - Form and Substance in Cyberspace
    - ICANN's "Uniform Dispute Resolution Policy"-- Causes and (Partial) Cures

    Milton Mueller
    - Ruling the Root
    - Success by Default: A New Profile of Domain Name Trademark Disputes under ICANN's UDRP
    - Dancing the Quango: ICANN as International Regulatory Regime
    - Goverments and Country Names: ICANN's Transformation into an Intergovernmental Regime
    - Competing DNS Roots: Creative Destruction or Just Plain Destruction?
    - Rough Justice: A Statistical Assessment of the UDRP
    - ICANN and Internet Governance

    David Post
    - Governing Cyberspace, or Where is James Madison When We Need Him?
    - The 'Unsettled Paradox': The Internet, the State, and the Consent of the Governed

    Jonathan Weinberg
    - Sitefinder and Internet Governance
    - ICANN, Internet Stability, and New Top Level Domains
    - Geeks and Greeks
    - ICANN and the Problem of Legitimacy

    Highlights of the ICANNWatch Archive
    (June 1999 - March 2001)

    This discussion has been archived. No new comments can be posted.
    Unix.org reverse-hijacked | Log in/Create an Account | Top | 19 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Check box to change your default comment view
    The Fine Print: The following comments are owned by whoever posted them. We are not responsible for them in any way.
    Re: Unix.org reverse-hijacked
    by Ron_Bennett on Thursday July 11 2002, @08:24PM (#7798)
    User #3011 Info | http://www.wyomissing.com/bennett/

    From what I read in the decision, you paid around $5000 for the domain...yet you couldn't afford representation...attorneys that specialize in UDRP related disputes aren't that expensive. Heck, just one hour (a few hundred bucks) would have HELP greatly; or even reading the newsgroups, etc would have helped and cost you nothing.

    As soon as you acknowledged that they had a trademark and you didn't, you were "dead" in the water so to speak. Game over.

    And worse, you went with a one person panal (the default); yes I realize money was tight, but a three person panal is typically better for most UDRP cases and alone could've made all the difference...

    With that said, you're not totally out of options, you could go the Federal court route, but if you can't afford or somehow get an attorney this is likely not an option; especially in a federal case you'd likely need more than just one attorney in a case that involves the number of trademarks thoughout the world they claim to have registered and all the other issues...yikes!!

    Anyways, I doubt you're going to get much traction on this dispute from the community at-large. While the UDRP panal stretched things somewhat, their decision wasn't totally out of the park...in summery...

    1. The complainant has a trademark and you don't...

    2. You had no real website nor other bonafide resource on the domain...did you?

    3. You registered the domain knowing they did have a claim to the name "Unix" (or at least knowing they were associated with the name Unix).
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked by Ron_Bennett
    Re: Unix.org reverse-hijacked
    by Ron_Bennett on Friday July 12 2002, @08:07AM (#7817)
    User #3011 Info | http://www.wyomissing.com/bennett/

    If somebody registers a domain name and NEVER puts up a website, does that person have LESS of a right than someone that wants the name to put up a website? The UDRP sure seems to read that way. And people continue to make decisions that seem to reflect that sentiment.

    Under common law, perhaps...a stretch you bet, but not without precedent nevertheless...

    For example if one owns a piece of land (yes, I realize domain names aren't considered property by numerous courts, but making an analogy here) and doesn't use the land or merely underutilizes the land (subjective to be sure) than it's possible for someone else to obtain an interest in that land; often government for schools, parks, etc...as well as in some instances a business may obtain someone else's land with help via condemption by the government.

    Domain names are in many ways akin to land in that they're a distinct and unique (ok, assuming ICANN root here which 99.?+ net uses) locations on the internet. So if one is not efficiently utilizing a domain name and someone else better can, then that other party should own it.

    Typically the "free" (relatively speaking) market system balances this out over time...that is parties who see more value in a domain name than the current owner (registrant) will end up with the names via purchase/trade, etc...this can be a win win situation for everyone...domain names are better utilized which is usually a good thing for the public, the new owners, and the former owners who been fairly compensated. The UDRP short circuits this above process - one may argue that in some instances that the "free" market can't work in regards to domain names without a UDRP...perhaps that's true...but UDRP as of now is too easy and too frequently used...UDRP should really an option of absolute last resort and better crafted to truly protect the interests of all parties, not just the complanant.
    [ Reply to This | Parent ]
  • 2 replies beneath your current threshold.

  • Search ICANNWatch.org:

    Privacy Policy: We will not knowingly give out your personal data -- other than identifying your postings in the way you direct by setting your configuration options -- without a court order. All logos and trademarks in this site are property of their respective owner. The comments are property of their posters, all the rest © 2001, 2002, 2003, 2004, 2005, 2006, 2007, 2008 by ICANNWatch.Org. This web site was made with Slashcode, a web portal system written in perl. Slashcode is Free Software released under the GNU/GPL license.
    You can syndicate our headlines in .rdf, .rss, or .xml. Domain registration services donated by DomainRegistry.com