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    Dan's Dispute Resolution Procedure (DDRP) | Log in/Create an Account | Top | 58 comments | Search Discussion
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    Re: 'CYBERSQUATTER' SUES ICANN & NATIONAL ARBITRAT
    by fnord (groy2kNO@SPAMyahoo.com) on Thursday June 06 2002, @03:46AM (#6882)
    User #2810 Info
    Actually, a few decisions have been changed after the initial ruling. From memory at least one of these was through NAF. Essentially what happens is a losing party brings forward new information that might have led to a different decision. The case is then possibly reheard. Sorry I don't recall any specific cases, perhaps a more diligent UDRPWatcher could point to some.

    At least one ruling made clear that the rehearing must involve exceptional circumstances, but it is up to the panel to decide what those circumstances are, so it is open to abuse. That is, a losing reverse domain hijacker could try again with new facts just by paying another filing fee. So could someone who lost their name (at least theoretically, as I don't recall any cases of the latter type). As far as I can tell, all it takes to try is another filing fee and some allegedly 'new' information, meaning the system is even more skewed to those with deep pockets. To reflect current realities, perhaps your most excellent DDRP should also allow for appeals. -g

    [ Reply to This | Parent ]
    Re: 'CYBERSQUATTER' SUES ICANN & NATIONAL ARBITRAT by fnord
    Re: 'CYBERSQUATTER' SUES ICANN & NATIONAL ARBITRAT
    by Anonymous on Thursday June 06 2002, @03:53AM (#6883)
    But in this case, AOL hasn't reverse hijacked anything. Miles admits he cybersquats or cybersits on .names & he gave up on claims to the AOLcybercafe etc names. He only has to look at what happened to Aimster as an example. If Aimster couldn't win, a Miles isn't likely to do so either. Aimster eventually launched their own site under a new name. It's good advice to Miles, try to build your own brand.
    [ Reply to This | Parent ]


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