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    Unix.org reverse-hijacked | Log in/Create an Account | Top | 19 comments | Search Discussion
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    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 ]
    Re: Unix.org reverse-hijacked by Ron_Bennett
    Re: Unix.org reverse-hijacked
    by Anonymous on Friday July 12 2002, @11:01AM (#7824)
    I disagree with your analogy, as condemption requires not just seizure and forfeiture of assets, (which UDRP uses) BUT COMPENSATION for the harm to property rights that the state was forced to inflict. If this domain name was a farm as needed a subway -- the farmer would be rich. If it was a boat with cocaine dribbling off the gunwales, the owner would be NOT compensated for the drug smuggling boat being taken away.
    Ah. But. Imagine a world where judges are paid on a per case basis -- and thus at the mercy of the market forces. (Nobody runs around paying people not to sue them, eh?) Now imagine the worst of those judges saying things like "you have a child, sir, and that child might grow up to abuse drugs and might one day board your boat with pot in his bloodstream, so your boat is forfeit! Don;t question me, I am the JUSTICE here, as your FUTURE crime suffices for asset forfeiture! I see in your eyes the lack of character that only a man about to lose a boat can show! (*Classically, the judge would stop to eat, be very obese, self absorbed, think that he was doing hard and useful work, and complain about how the people do not understand that his iron fist is the glue that holds society together. I picture a 19th century accent and a concern for actual justice rivaled only by the Mongol justices in early conquered Russia.)
    One can only predict that these Justice of the Impound would be as popular with the boat auctioneer people who pay him for casework, well, as a sole panelist in UDRP must be with a chronic domain name reversejackers who underwrite the UDRP forfeiture industry.
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by Anonymous on Friday July 12 2002, @11:07AM (#7825)
    I disagree with your analogy, as condemption requires not just seizure and forfeiture of assets, (which UDRP uses) BUT COMPENSATION for the harm to property rights that the state was forced to inflict. If this domain name was a farm as needed a subway -- the farmer would be rich. If it was a boat with cocaine dribbling off the gunwales, the owner would be NOT compensated for the drug smuggling boat being taken away.
    Ah. But. Imagine a world where judges are paid on a per case basis -- and thus at the mercy of the market forces. (Nobody runs around paying people not to sue them, eh?) Now imagine the worst of those judges saying things like "you have a child, sir, and that child might grow up to abuse drugs and might one day board your boat with pot in his bloodstream, so your boat is forfeit! Don;t question me, I am the JUSTICE here, as your FUTURE crime suffices for asset forfeiture! I see in your eyes the lack of character that only a man about to lose a boat can show! (*Classically, the judge would stop to eat, be very obese, self absorbed, think that he was doing hard and useful work, and complain about how the people do not understand that his iron fist is the glue that holds society together. I picture a 19th century accent and little concern for actual justice beyond "just us".)
    One can only predict that these Justice of the Impound would be as popular with people who pay him for casework (and end up with a really nice yacht for the fee of telling a judge to sic 'em, well, as popular as this creative sole panelist in UDRP must be with a chronic domain name reversejackers who underwrite the UDRP forfeiture industry.
    [ Reply to This | Parent ]


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