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

[Jeff Williams <jwkckid1@ix.netcom.com>]

Roeland and all assembly members,

Roeland Meyer wrote:

> Actually, I'm with Dassa on this one. Besides, the perp would simply laugh
> at any ICANN monetary demands.  The best we could possibly do is to ban the
> perp from the UDRP process forever.

  I partially with both of you on this one Roeland.  I would suggest, as
we have before, that in any case where the original filer of a UDRP
complaint lost the decision and the situation was ones like the article
outlined, that the looser would be remanded to pay a penalty amount
that is severe enough to discourage such action and in addition would
not allow that organization or person to file another complaint until
or unless the damages had been paid to the defendant in the previous
incident in full and could show such.

>
>
> |> -----Original Message-----
> |> From: Dassa [mailto:dassa@dhs.org]
> |> Sent: Friday, October 26, 2001 5:23 PM
> |> To: General Assembly of the DNSO
> |> Subject: RE: Re[2]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking'
> |> Rulings
> |>
> |>
> |> |> -----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.
> |>
> |> Darryl (Dassa) Lynch.
> |>
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Regards,

--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 118k members strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
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Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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