[Date Prev][Date Next][Thread Prev][Thread Next][Date Index][Thread Index]
Comments to the Proposed UDRP
Dear ICANN Board Members:
This letter contains comments in response to the proposed Uniform
Domain Name Dispute Resolution Policy. As a representative of a domain name
registrant I feel compelled to comment on several issues.
First, I would like to comment on several implementation issues. Under
Sections 3(b)(ix); 5(b)(i); and 15(e) it is proposed that a word limit of
some sort be set. I am of the opinion that word limitations constrain
freedom of thought and usually results in a final expression that is deficit
with missing information that may have been pertinent for the panelist to
get a better understanding of the issues expressed by the parties. In a
matter as serious as the protection of domain names, imposing word
limitations to the written complaints, responses, decisions, and dissents
infringes on freedom of expression and will have a detrimental effect of
resulting in ambiguity and vagueness existing in the process. There is too
much at stake in the protection of a domain name for the concern over
reviewing lenghthy documents.
Secondly, for the selection of providers and panelists, I would suggest
that the complainant be allowed too select the provider by filing the
complaint with the Provider of his/her choice and the parties jointly select
the three panelists. This process offers the best chance for fairness.
However, a dilemna would arise if the parties have such hostile attitudes
towards one another and cannot amicably agree on the panelists.
Thirdly, I am concerned about the incidental effect of Section
3(b)(xiv) regarding waiver of claims and remedies against the dispute
resolution provider, the registrar, the registry administrator, and ICANN.
This precludes action against these entities in a court of law. I am
concerned that registrants will be precluded from filing meritorious actions
against any of these entities for due cause.
Fourth, the language in paragraph two of the policy entitled "Your
Representations" whereby the registrar is stating that "we do not check to
verify" frustrates the purpose of the registrar's existence. With all the
technology available today and all the various business relationships that
exist, all registrars should have some sort of database management system
which is interconnected with other systems that enables them too check for
accurate verification or duplication of a domain name registration.
Lastly, there is no doubt in my mind that the masses of domain name
registrants would agree with me that not only does the imposition of a
mandatory dispute resolution policy feel like "big brother" pushing us
around, but it has the sting of leaving a bad taste in one's mouth.
Get Your Private, Free Email at http://www.hotmail.com