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    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    This discussion has been archived.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
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    Re: Unix.org reverse-hijacked
    by Anonymous on Thursday July 11 2002, @07:07PM (#7795)
    This is a good point. A cornerstone to jurisprudence is you must only evaluate the evidence which is formally presented to you.

    This is why jury members are told *not* to listen to media reports or have any contact with the defendants or plaintiffs. Doing so can lead to a mistrial.

    In this instance, media panelists may be able to check the validity of any claims by either party, however - and this could include verifying evidence on Google. But panelists simply cannot re-introduce new evidence themselves, especially if it doesn't give either party the right to respond. Accordingly I believe this specific case could easily be challged.
    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked
    by fnord (groy2kNO@SPAMyahoo.com) on Friday July 12 2002, @06:54AM (#7810)
    User #2810 Info
    Sorry, but I don't see any new precedents being set by this case. Look at the montyroberts dot comnetorg decision for an example of linking to a commercial site. There was another one who's name I've forgotten where the Respondent used a free hitcounter from a site and if you clicked on the counter you were taken to a site which had ads, which is a Very Bad Thing.

    And that leaves aside the whole question of precedence under the UDRP. There's really no such thing. With rulings unappealable, each one stands on its own, nothing ever shakes out, there is no UDRP supreme court, no court of appeal, the body of caselaw is as easy to handle as nailing jelly to a wall, any decision can be used subsequently in whatever fashion the new panel wishes. And as most panels want to find for the Complainant, they cite whatever cases they want. I do think you were done over here but if you can't afford to get into a real court to have your say, perhaps you can afford ten bux for unix-sux.org. For that matter, register unix-sux.com and don't worry about where links might lead.

    BTW, Monty Roberts is the horse whisperer guy. If I hadn't heard about the UDRP dispute I probably never would have known he's a fraud and a liar. By bringing the dispute he just gave more publicity to his critics. Take a look at gatt.org. The WTO was asked recently why they don't go after the YesMen, they said because it would just give them more publicity. Others could learn from that level of clue. -g

    [ Reply to This | Parent ]

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