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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
Message:
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.

Message Thread:

• AFILIAS CAN BE SUED ? — arbitrator, January 26 @ 4:57 PM (1/12)
• my opinion — LegalEagle, January 27 @ 3:32 AM (1/11)
• "professional negligence" — Garry Anderson, January 27 @ 10:27 AM (1/10)
• "Professional Negligence" could be proven on at least two levels — Garry Anderson, January 27 @ 11:40 PM (2/9)
• AFILIAS IS A SCAM — sgupta, February 1 @ 9:54 PM (0/0)
• Difficult to prove — LegalEagle, January 28 @ 2:21 AM (1/7)
• Not — Garry Anderson, January 28 @ 9:50 AM (1/6)
• my experience dictates that it is — LegalEagle, January 29 @ 12:44 AM (2/5)
• You are wrong in that they are contractually secure — GetYourPages, February 5 @ 11:07 PM (0/0)
• Defendants, you are accused of fraud - how do you plead? — Garry Anderson, January 29 @ 12:40 AM (2/3)
• Sorry — LegalEagle, January 29 @ 2:09 PM (1/1)
• Thank you - very much — Garry Anderson, January 29 @ 3:02 PM (0/0)
• Even Stuart Lynn and Vint Cerf admit Truth — Garry Anderson, January 29 @ 1:27 PM (0/0)

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