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[gnso-acc-sgb] Third Party access, due process, the UDRP. Whom makes the decisions: Judge Doesn't Know What a Web Site is
- To: gnso wg-sgb <gnso-acc-sgb@xxxxxxxxx>
- Subject: [gnso-acc-sgb] Third Party access, due process, the UDRP. Whom makes the decisions: Judge Doesn't Know What a Web Site is
- From: Jeff Williams <jwkckid1@xxxxxxxxxxxxx>
- Date: Fri, 18 May 2007 02:04:08 -0700
All sgb members,
In consideration with some of my stated concerns regarding
third Party access, due process, the UDRP a recent article
see:
http://news.yahoo.com/s/nm/security_britain_internet_dc;_ylt=AszIY5m_8gyrEPggaWSqKdgjtBAF
gives me great trepidation as to whom determines if due process has
been served when we have Judge's such as Judge Peter Openshaw.
I also hope that if Judge Openshaw retires soon, and I do hope he
does soon, he isn't considered as a panelist for WIPO's UDRP, as if
he doesn't know what a Web Site is, it is very unlikely he knows what
a domain name is either... I also know of several other Judges whom
have informed me they don't "grasp the concept" of eMail and what a
search engine is...
So how can we rely on due process being served if, or rather
when, a third party accessor has been mislead and ends up in
a Judge Peter Openshaw-like court seeking due process redress?
My answer: No, and I guess the poor bastard just goes to Guantanmo
or is sent to the Arab Emirates for further "Interrogation".
Excerpts from the article:
""A British judge admitted on Wednesday he was
struggling to cope with basic terms like "Web site" in the trial of
three men accused of inciting terrorism via the Internet. Judge
Peter Openshaw broke into the questioning of a witness about a Web
forum used by alleged Islamist radicals. "The trouble is I don't
understand the language. I don't really understand what a Web site
is". he told a London court during the trial of three men charged
under anti-terrorism laws. Prosecutor Mark Ellison briefly set
aside his questioning to explain the terms "Web site" and "forum."
An exchange followed in which the 59-year-old judge acknowledged:
"I haven't quite grasped the concepts.""
Regards,
--
Jeffrey A. Williams
Spokesman for INEGroup LLA. - (Over 134k members/stakeholders strong!)
"Obedience of the law is the greatest freedom" -
Abraham Lincoln
"Credit should go with the performance of duty and not with what is
very often the accident of glory" - Theodore Roosevelt
"If the probability be called P; the injury, L; and the burden, B;
liability depends upon whether B is less than L multiplied by
P: i.e., whether B is less than PL."
United States v. Carroll Towing (159 F.2d 169 [2d Cir. 1947]
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