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Username: LegalEagle
Date/Time: Mon, January 28, 2002 at 2:21 AM GMT
Browser: Microsoft Internet Explorer V5.5 using Windows NT 5.0
Subject: Difficult to prove


Proving negligence in cases like this are always very difficult and require a lot of expensive experts to testify. Even if you were to demonstrate that a basic programmer knows how to validate data, the decision not to validate it by management may not necessarily have caused a reduction in 'fraudulent' registrants ('cause and effect' is required in professional misconduct). In fact, some may argue that it would have made the situation worse; instead of entering 'none' or similar strings, many squatters would have entered the exact mark required, making these types of entries much more difficult to identify.

On the second issue of whether this process was indended all along by the registry in an attempt to 'defraud' squatters or the public at large, would be even more difficult to show, and without substantial evidence (e.g. leaked internal memos), merely conjecture.

RE: the decision not to validate TMs at local TM registries was a private policy one: Spokespeople for Afilias have already publicy commented that such validation would have made the cost prohibitive to some people. Yes, a handful of TM registries are online, but the majority are not, so this complicates matters.

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