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Nominet's views on UDRP - new controversy

  • To: strategic-plan-comments@xxxxxxxxx
  • Subject: Nominet's views on UDRP - new controversy
  • From: Simon Morris <simonmorris75@xxxxxxxxxxx>
  • Date: Sat, 19 Feb 2005 10:31:17 +0000 (GMT)

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 

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?

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