Re[4]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Rulings

[William X Walsh <william@userfriendly.com>]

Friday, Friday, October 26, 2001, 5:22:54 PM, Dassa wrote:

|>> -----Original Message-----
|>> From: owner-ga-full@dnso.org [mailto:owner-ga-full@dnso.org]On Behalf Of
|>> William X Walsh
|>> Sent: Saturday, October 27, 2001 9:52 AM
|>> To: Roeland Meyer
|>> Cc: General Assembly of the DNSO
|>> Subject: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking'
|>> Rulings
|>>
|>>
|>> Friday, Friday, October 26, 2001, 4:21:01 PM, Roeland Meyer wrote:
|>>
|>> > Cute ... so what's the penalty?
|>>
|>> Exactly. There should be a monetary penalty for reverse hijacking
|>> decisions, in compensation to the domain owner.  A punitive like
|>> penalty, that they must agree to pay if they are found to be engaging
|>> in a reverse hijacking attempt as a condition of being permitted to
|>> initiate a UDRP action.
|>>
|>> What do the rest of you think of this concept?

> Wouldnt' the domain name holder be able to take civil action to recover
> costs and any compensation they believe they were entitled to?

> I'm not against the concept, just wonder how much legal authority do we want
> to invest with ICANN and the UDRP process.

Well, that would be hear impossible in some cases, since the UDRP is a
"virtual" environment without respect to locality, and a court case
would have to be taken in the appropriate jurisdiction.

Since the UDRP is already able to strip some one of their domain name,
I think it fair that it also be able to access a penalty when someone
abuses that process and grant compensation to the victim.  And I think
a refusal to agree to do that should be grounds for denial of access
to the UDRP proceedings at all.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
The most advanced domain lookup tool on the net
DNS Services from $1.65/mo

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