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UDRP Panel Issues Catch-22 Ruling On Reverse Domain Hi-Jacking
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The arbitrator is wrong. It should consider reverse domain name hijacking and opine accordingly.
With that said, however, the rule regarding RDNH is lame. The only remedy the UDRP allows is domain name transfer. The respondent can never win damages or other relief. Accordingly, attempted RDNH is irrelevant. The only relevent factor is the respondent's bad faith. Sad but true.
The arbitrator in this case recognizes that fact, and decided to unilaterally re-write the UDRP rule. The arbitrator is wrong. But, so is the UDRP.
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Perhaps the Panel felt this wasn't a clear RDNH case. The UDRP is good and much better than the alternative: letting squatters run wild on the Internet and ignore law. However, panels need to weigh each side of the issue, and if RDNH exists, come on out and say it.
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It's a shame. It's shame to have those in the panel.
i personally prefer to have a "jury" to make the judgement
rather than a couple of panelists. ICANN can use a company of volunteers. When a case is delivered to WIPO or another organization, ICANN ramdonly choose 6 to 10 people to make the judgement. When both parties present their arguements, I am sure ordinary people can make their judgement right. It does not need to take a DJ to make the job. Remember is not an arument of trademark rights. It's about the UDRP, which is simple as ABC to any person whose IQ is above 68.
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[ Reply to This | Parent
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| - Re: ICANN
by ANNODOMINI2000
Monday May 13 2002, @01:58AM
- Re: ICANN
by Anonymous
Monday May 13 2002, @03:05AM
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