Re[6]: [ga] WIPO Arbitrators Stern In Domain 'Hijacking' Ruli ngs

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

Sunday, Sunday, October 28, 2001, 8:30:07 AM, Roeland Meyer wrote:

|>> From: William X Walsh [mailto:william@userfriendly.com]
|>> Sent: Sunday, October 28, 2001 8:05 AM

|>> was that the registrant should be able to say, "I don't submit to
|>> arbitration on this, if you want to come after me for infringement,
|>> then you must do it in a court that has jurisdiction on this matter."

> I see your point and agree. However, on the political  front, almost all
> defendants and every name-squatter, will opt out of the UDRP system by
> default. This sits well with me, but it wont sit well with WIPO/ICANN.
> Without the mandatory part of the UDRP, the UDRP becomes a piece of
> tissue-paper. WIPO isn't stupid, they'll see right through that.

Sure they would, under the guidelines currently in place, that give
the complainant FAR more rights than the law does.  But this would
give them an incentive to make sure the process is FAIR to both sides,
and that they DO in fact look at exactly what the LAW would do, and
now try and exceed it.

-- 
Best regards,
William X Walsh <william@userfriendly.com>
Userfriendly.com Domains
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