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    Highlights of the ICANNWatch Archive
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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 Anonymous on Thursday July 11 2002, @03:27PM (#7790)
    Well, that may or may not be the case... but either way, isn't the point of arbitraton to look at "submitted" evidence and make a decision. It seems unfair for either side if the panelist is allowed to just start gathering new evidence. Fact checking is one thing, but a third party being able to gather new evidence without either side being able to review/dispute it leads to mistakes like the one that happened in my case.

    In a court case, the judge can't walk out of the court room and examine the crime scene and start dusting for fingerprints. Or am I stretching here?

    Another thing the panelist said that blew my mind was that linking to a site, that then links to a commercial site, shows intent for commercial gain on my part. That is the most ridiculous thing I have ever heard! Surely we can't let that precedent stand. Based on that, anyone who links to Yahoo is a commercial site.

    Of course I am not a lawyer, and my common sense approach is probably way off.

    [ Reply to This | Parent ]
    Re: Unix.org reverse-hijacked by Anonymous
    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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