Re: [ga] ICANN benefits

[Eric Dierker <eric@hi-tek.com>]

I am sorry for the long delay in responding but I had the pleasure of attending a
conference in San Farnsisco on Internet edcuation and marketing, and just got
back.

The eighty is incorrect the way I wrote it, 80% of the cases taken to court reach
a different result.  Keep in mind this is  considereing a myriad of different
factors, such as a change where money is awarded, further declaratory relief is
added, the decision to transfer a name is nullified, and vice versa.  I did not
create a source document from the many sources I used to come to this conclusion.
However your interest has prompted me to do so  and I will compile some for in the
future, as I am sure the info would be helpful, while we at the GA make the
rewriting and amending a worthy aspiration.  After all we were not properly
consulted, and I should say you, since I was merely a twinkle in this lists eye at
the time, for the first UDRP.

Keep in mind this point was not for or against either side, but in recognition of
the expertise of US Fed. Courts and in fact I am quite certain most changes are in
favor of an IP type plaintiff.  Because they are the ones who can afford to hire
the best or only lawyers, and other factors. And this fact clearly weighs in favor
of "a" UDRP and its' amendments. Or an association of attorneys who will handle it
pro bono for holders, or the awarding of attorney fees for a holder that wins, or
verisign has to contribute to supply those lawyers for holders.

What I was trying to point out is that the UDRP and the WHOIS situation is heavily
weighted in favor of the IP groups.  They, and you could applaud them for this,
had undue influence on the formulation of both of these policies, and I believe
both policies are in serious violation of the agreement that ICANN has with the
DoC.

Sincerely

Patrick Greenwell wrote:

> On Fri, 6 Apr 2001, Eric Dierker wrote:
>
> > Anyone had better take that position seeing how we are looking at about %80
> > overturn ratio in federal courts upon WIPO type decisions.
>
> Hi Eric,
>
> I believe others besides myself would be interested in the cases behind
> the 80% figure. Could you please provide some references? It would be much
> appreciated.
>
> /\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\
>                                Patrick Greenwell
>                        Earth is a single point of failure.
> \/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/\/

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