Nominet's views on UDRP - new controversy
Nominet in its submission to the Strategic Plan indicates disappointment with UDRP and acclaims Nominet's own Dispute Resolution Service. However all is not well with Nominet's controversial policy as illustrated by the reaction to its latest judgement of a single panellist Nominet "Expert" to transfer the generic domain name "game.co.uk" to the complainant http://games.slashdot.org/article.pl?sid=05/02/17/1811236&from=rss Unlike the well-established UDRP, with Nominet's DRS process, the respondent is denied the choice of opting for a three party panel which would have provided the opportunity of a possibly more balanced decision. There are also other unfairnesses with Nominet 's system which allows the repondent to make his case in only 2000 words. The complainant however is allowed 4000 words - as the complainant is allowed to submit a 2000 word complaint and then another 2000 words AFTER the respondent has submitted his defence. The respondent is denied the opportunity of responding to the complainants second submission. The domain name was registered by respondent ten years ago in 1995. Clearly the domain name could not have been registered in "bad faith" - however the construction of Nominet's policy means this crucial factor is ignored. This is because Nominet's badly worded policy has the word "OR" where the UDRP has the word "AND" in its definition of abusive registration. In the game.co.uk case the respondent is appealing. If the Nominet expert's decision is not overturned, this case will set an ominous precedent. Lesley Cowley states that Nominet's Dispute Resolution Service has been revised for the second time since its inception - to which some might say it has changed twice and they still haven't got it right. UDRP is working well to the overall satisfaction of most internet users, domain name registrants and the intellectual property community. If it ain't broke, why fix it? --------------------------------- ALL-NEW Yahoo! Messenger - all new features - even more fun!