RE: [ga] eresolution realizes fairness doesn't pay under udrp

[Roeland Meyer <rmeyer@mhsc.com>]

This is aside from the point that, if it had been a court case, according to
ALL of the law, including trademark law, those convictions might not be
convictions in the first place.

|> -----Original Message-----
|> From: Kent Crispin [mailto:kent@songbird.com]
|> Sent: Wednesday, December 05, 2001 3:45 PM
|> To: ga@dnso.org
|> Subject: Re: [ga] eresolution realizes fairness doesn't pay 
|> under udrp
|> 
|> 
|> On Wed, Dec 05, 2001 at 11:22:39PM -0000, Paul Cotton wrote, 
|> in reply to 
|> John Berryhill:
|> > > one's client.  Apparently, some former DRP's have no 
|> scruples when it comes
|> > > to ignoring one of a lawyer's primary ethical obligations.
|> > 
|> > I understand your points entirely - the problem is that 
|> such discrepancy
|> > exists between forums in the first place, not that lawyers 
|> may choose to
|> > exploit that discrepancy (as their paying clients would expect).
|> 
|> The fact that there is a discrepancy illustrates a strong bias on
|> eResolutions part, not bias on the part of the other 
|> providers (which,
|> at 82% and 82.9% in favor of plaintiffs were essentially equal). 
|> 
|> Many people don't understand the simple statistical fact that an 82%
|> conviction rate says absolutely nothing about the quality of 
|> the system:
|> the system is designed to deal with obvious cases, and so a 
|> high rate of
|> success for plaintiffs is the expected (and desired) result. 
|>  Similarly,
|> you cannot judge the quality of a doctor by the survival rate of his
|> patients: a great doctor that takes only difficult cases might have a
|> 50% survival rate for his patients; a lousy doctor that 
|> primarily takes
|> easy cases might have a 95% recovery rate.  If you went by the
|> statistics you would go to the lousy doctor every time, and 
|> be part of
|> his 5% failure rate. 
|> 
|> The fact that the other two providers had almost identical conviction
|> rates is actually an indication that they were following 
|> more objective
|> criteria than eResolution. 
|> 
|> -- 
|> Kent Crispin                               "Be good, and you will be
|> kent@songbird.com                           lonesome." -- Mark Twain
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