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Re: [alac] URGENT - prioritizing UDRP issues?

  • To: Thomas Roessler <roessler@xxxxxxxxxxxxxxxxxx>
  • Subject: Re: [alac] URGENT - prioritizing UDRP issues?
  • From: Esther Dyson <edyson@xxxxxxxxxxxxx>
  • Date: Sat, 13 Sep 2003 19:03:50 -0400

It's hard to prioritize, when some things (such as 1) should be simple and easy, but are not as important as harder ones.. ALso, priority is different from agreeing on how something should be decided!! So I tend to agree with Ken, that some items are subsets of others.

nonetheless, here's my list, as starters (much to do with transparency... and hard to argue with):

1,2, 4, 18, 13

I think if we just fix some of the procedural things, which should be relatively easy, then we can tackle the harder ones - but we might not "win" those....

Esther



At 06:05 AM 9/10/2003, Thomas Roessler wrote:
If we want to participate in the GNSO Council's prioritizing
exercise on UDRP issues, we need to submit our position by next
week.  I'm again including the list of UDRP issues that I had
circulated on August 19.

Please let me know what issues I should present as the ALAC's "top
five".

Regards,
--
Thomas Roessler                 <roessler (at) does-not-exist.org>



> ----- Forwarded message from Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx> -----
>
> From: Bruce Tonkin <Bruce.Tonkin@xxxxxxxxxxxxxxxxxx>
> To: council@xxxxxxxx
> Date: Tue, 19 Aug 2003 18:13:40 +1000
> Subject: [council] List of UDRP issues
> X-Spam-Level:
>
> Hello All,
>
> Here is a numbered list of the UDRP issues extracted from the staff
> managers report (there are 20 issues).
> I have numbered them in the eorder in which they appear in the report.
>
> As agreed in the last Council meeting, each constituency should review
> the list and identify the top 5 issues of most important to the
> constituency to help guide the prioritisation of further policy
> development in the area of UDRP.
>
> Regards,
> Bruce Tonkin
>
>
> (1) Should there be improved centralized, searchable access to
> administrative panel decisions?
>
> (2) Should complainant and respondent filings be publicly available?
>
> (3) Should complainants and respondents be allowed to amend and/or
> supplement their filings?
>
> (4) Should the provider and panel selection processes be modified to
> address concerns about potential conflicts of interest?
>
> (5) Should standards for accrediting providers and panelists be
> promulgated?
>
> (6) Should transfers of proceedings between providers be permitted?
>
> (7) Should refunds of providers' fees in the event of settlement be
> mandatory and standardized?
>
> (8) Should the notice requirements be amended?
>
> (9) Should the procedure for implementing orders to transfer
> registrations be amended?
>
> (10) Should administrative panel decisions be subject to internal
> appellate review?
>
> (11) Should the policy be changed to require registrars to wait until
> appeal deadlines expire before taking action in response to court
> orders?
>
> (12) Should the policy be amended with respect to protection for
> non-registered marks?
>
> (13) Should the policy be amended to provide guidance regarding the
> interpretation of "confusing similarity"?
>
> (14) Should multiple complaints be allowed concerning the same
> registration and registrant?
>
> (15) Should the policy address the question of whether "holding"
> constitutes "use"?
>
> (16) Should "settlement negotiation" communications be excluded as
> permissible evidence of bad faith?
>
> (17) Should complainants be required to post a bond and/or pay a penalty
> in order to deter "reverse domain-name hijacking"?
>
> (18) Should the policy expressly include affirmative defenses?
>
> (19) Should administrative panel decisions have precedential effect?
>
> (20) Should "cancellation" (deletion of the registration - allowing
> subsequent re-registration by anybody) continue to be an available
> remedy?
>
>
> ----- End forwarded message -----



Esther Dyson Always make new mistakes! chairman, EDventure Holdings writer, Release 3.0 (on Website below) edyson@xxxxxxxxxxxxx 1 (212) 924-8800 -- fax 1 (212) 924-0240 104 Fifth Avenue (between 15th and 16th Streets; 20th floor) New York, NY 10011 USA http://www.edventure.com

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