Mallesons Stephen Jaques
Confidential communication
 
>Mueller's report calls for allowing the businesses that sell domain name
registrations, rather than challengers or domain >name registrants, to
choose an arbitrator. 

Now that would be a great idea: put the mice in charge of looking after the
cheese and the fox in charge of the henhouse!

What we should really do is introduce an anti-cybersquatter law modelled on
the US one with statutory damages (one case recently awarded $500,000) and
cybersquatters would start to realise that blackmail has consequences.

Warwick A Rothnie
Partner
Mallesons Stephen Jaques Melbourne
Direct line (61 3) 9643 4254
Fax (61 3) 9643 5999


-----Original Message-----
From: David.Goldstein§sbg.nic.at [mailto:David.Goldstein§sbg.nic.at]
Sent: Tuesday, 14 November 2000 3:35:AM
To: dns§auda.org.au
Subject: [DNS] Study Finds Bias in Internet domain name dispute
resolution


I came across this article today and it might interest those on this list.

Cheers
David

Study Finds Bias in Internet domain name dispute resolution
 (Convergence Center, Syracuse University news release) 9Nov
 http://dcc.syr.edu/udrpnews.htm
The international method of resolving disputes over Internet domain names
favors trademark holders over those seeking to register an Internet site,
according to a study by researchers at Syracuse University's School of
Information Studies. The study was released Nov. 9 by the school's
Convergence Center. While the guidelines developed by ICANN are "robust and
fair," both the interpretation of the guidelines and a clause that allows
trademark holders to shop around for the most favorable arbitrators has
resulted in a system that is biased against Internet domain name
registrants, says Milton Mueller, professor and director of the Convergence
Center.

The report 'Rough Justice' is available in both html and pdf versions. See
http://dcc.syr.edu/roughjustice.htm or http://dcc.syr.edu/roughjustice.pdf

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