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    Highlights of the ICANNWatch Archive
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    This discussion has been archived. No new comments can be posted.
    SEX.BIZ Registrant Gets Screwed by STOP | Log in/Create an Account | Top | 30 comments | Search Discussion
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    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Friday November 08 2002, @04:07AM (#10035)
    Peter, you are wrong. The panel misapplied the element of bad faith. Sex.biz was the most sought- after .biz domain name during the "lottery" process and the Group 2B Distribution that occurred after the Smiley v. ICANN case. Really, there's no way this domain name was registered in bad faith with respect to this complainant. Maybe a court of law will get to correct the error.
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by Anonymous on Friday November 08 2002, @04:58AM (#10037)
    No, I'm afraid Peter is correct. The Judge correctly applied all of the existing precedent on bad faith determinations, as well as the additional fact in the STOP procedure that the respondent had received a notice prior to completing the registration, so the respondent could not complain of lack of knowledge. If one does not like how "bad faith" is defined in the policy -- then attack the policy, not the one who applies it. (Moreover, don't for a second suggest that judges or arbitrators should arbitrarily decide when the law leads to absurd results and overlook the law in order to do the right thing. That's an even bigger recipe for disaster.)

    All in all, I agree that the judge correctly applied the policy -- and that the reductum ad absurdum that has resulted is merely good proof of how the policy is poorly conceived.

    Who knows -- maybe the judge knew full well how people would respond, and figured that this was his way of pointing out his criticisms. It's kind of like the labor tactic of slowing down the workplace by following the rules to the exact letter -- if you didn't want this to result, then write the rules better!

    (ON THE OTHER HAND -- Maybe we should remember that the respondent applied for the .biz registration during the STOP period, which was intended only for those who had valid trademarks in the first place. So, if the respondent's defense now is that the phrase is a generic, then why was he applying during the STOP period?)

    (ON THE OTHER OTHER HAND -- Anybody with half a brain knew full well that the generics would all get snapped up during the STOP period, since there was no mechanism to check this other than individual enforcement actions such as the subject of this rant. So, in a way, who can fault the guy who tried, since he knew this was his only chance to get what was intended to be available to all AFTER the STOP period was concluded.)
    Michael Fredric
    [ Reply to This | Parent ]
    Re: SEX.BIZ Registrant Gets Screwed by STOP
    by dtobias (dan@tobias.name) on Saturday November 09 2002, @04:33AM (#10054)
    User #2967 Info | http://domains.dan.info/
    Where was the bad faith in registering sex.biz? Isn't that one of the things that the complainant is supposed to have to prove?
    [ Reply to This | Parent ]

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