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

Our Mission
ICANN for Beginners
About Us
How To Use This Site
ICANNWatch FAQ
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    This discussion has been archived.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.
    Brock Meeks Pulls No Punches | Log in/Create an Account | Top | 12 comments | Search Discussion
    Click this button to post a comment to this story
    The options below will change how the comments display
    Threshold:
    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.
    UDRP a good idea?
    by dtobias (dan@tobias.name) on Friday May 31 2002, @08:09AM (#6612)
    User #2967 Info | http://domains.dan.info/
    Well, I guess the one good thing I can say about the UDRP is that it is an improvement over what went before, which was the Network Solutions "Cover-Our-Asses" policy that aimed not to promote justice or fairness of any sort, but only to try to keep Network Solutions from getting sued (not entirely successfully, as there were a number of lawsuits challenging their policy). Under that policy, anyone with a trademark that matched a domain could challenge it and the only permissible defense was if the registrant had a trademark of their own -- no defenses based on the generic nature of a name or it being an unregistered trade name or common law trademark were recognized. Challenged names were put on hold so that nobody could use them, a result not particularly satisfactory to either party in such disputes. At least in the UDRP, the parties get their "day in court" (even if it's often a kangaroo court), and get a decision that's at least supposedly based on the merits of the case.
    [ Reply to This | Parent ]
    UDRP a good idea? by dtobias
    Re: UDRP a good idea?
    by michael (froomkin@lawUNSPAM.tm) on Friday May 31 2002, @11:30AM (#6619)
    User #4 Info | http://www.discourse.net/
    Well, it's better for *some* people who were victimized by the NSI policy, I agree; it's worse for *other people* who had their domain names taken by very dubious claimants without registered trademarks.
    [ Reply to This | Parent ]
    Re: UDRP a good idea? Sure.
    by Anonymous on Sunday June 02 2002, @11:40AM (#6752)
    The UDRP has worked very well over the past two years. The cases of reverse domain name hijacking are small, regardless of what Michael may believe. The UDRP has worked in an effective and fair fashion. Most respondents fail to answer because they know their registrations were made in bad faith. There have been some really bad decision, true. I admit that Barcelona.com, Crew.com and Heel.com are clear examples of poor decisionmaking by the panels. The vast majority of cases are brought in good faith, and the UDRP provides a good mechanism for resolving these disputes.

    Maybe if more registrants would step up to plate and state why their registrations weren't made in bad faith, we'd have some ground to stand on. For the most part, the majority of registrants know that the domain name was registered with the intent to make a buck or cybersquat. They should have known better. The UDRP corrects the problem swiftly and efficiently. The UDRP is also serving as a good model for the cctLDs, which are lining up to adopt some form of the UDRP. The system works and will continue working.
    [ Reply to This | Parent ]


    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