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

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

Roeland and all assembly members,

  Good points here Roeland.  It is obvious beyond the obvious that
Kent is not legally well versed.  His analogy made that clear.
The extra-legal provisions of the UDRP as well as the Registrar
agreements requiring everyone to submit to the UDRP are
ICANN's Achilles heal.  Sooner or later this will be well
understood.  The fact now that eResolutions has made it's
opinion known, perhaps the exceleration of this becoming
much better known.

Roeland Meyer wrote:

> 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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Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup - (Over 121k members/stakeholdes strong!)
CEO/DIR. Internet Network Eng/SR. Java/CORBA Development Eng.
Information Network Eng. Group. INEG. INC.
E-Mail jwkckid1@ix.netcom.com
Contact Number:  972-244-3801 or 214-244-4827
Address: 5 East Kirkwood Blvd. Grapevine Texas 75208


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