Warwick Rothnie wrote:

> Now that would be a great idea: put the mice in charge of looking after the
> cheese and the fox in charge of the henhouse!

Hi Warwick

That's going a bit too far, don't you think?   You must respect your
professional colleagues, the arbitrators, and not call them foxes and stuff . .
. .

But talking about animals -- what's good for the goose is good for the gander.
Otherwise select by ballot . . like selecting the examiner for the driving
test!!

> What we should really do is introduce an anti-cybersquatter law modelled on
> the US one with statutory damages (one case recently awarded $500,000) and
> cybersquatters would start to realise that blackmail has consequences.

The real problem, as I see it, is the definition of "cybersquatters".  If they
are committing the crime of "blackmail", usually defined as demanding money with
menaces, there's the Crimes Act in each State with massive gaol penalties.

But if I buy all the valuable works of Picasso then I am an art collector or an
investor.  I am not a blackmailer as I am not forcing anybody to buy them off of
me.  Sometimes these overarching laws lead off in very funny places.

And even if I did ring up Picasso and said "I've acquired some of your paintings
legitimately, do you want to buy them back?" that's hardly a crime.

As I understand trademark law, the problem is in "passing off" and "dilution" of
the mark.  And isn't that actionable in common law -- you can sue?

The study found there was bias in internet domain resolution.  Funny how you
want to tilt the bias even further in favour of big business trademark owners !!

Best regards
Patrick Corliss


----- Original Message -----
From: Rothnie, Warwick <Warwick.Rothnie&#167;msj.com.au>
To: <dns&#167;auda.org.au>
Sent: Tuesday, November 14, 2000 9:01 AM
Subject: RE: [DNS] Study Finds Bias in Internet domain name dispute resolution


> Mallesons Stephen Jaques
> Confidential communication
>
> >Mueller's report calls for allowing the businesses that sell domain name
> registrations, rather than challengers or domain >name registrants, to
> choose an arbitrator.
>
> Now that would be a great idea: put the mice in charge of looking after the
> cheese and the fox in charge of the henhouse!
>
> What we should really do is introduce an anti-cybersquatter law modelled on
> the US one with statutory damages (one case recently awarded $500,000) and
> cybersquatters would start to realise that blackmail has consequences.
>
> Warwick A Rothnie
> Partner
> Mallesons Stephen Jaques Melbourne
> Direct line (61 3) 9643 4254
> Fax (61 3) 9643 5999
>
>
> -----Original Message-----
> From: David.Goldstein&#167;sbg.nic.at [mailto:David.Goldstein§sbg.nic.at]
> Sent: Tuesday, 14 November 2000 3:35:AM
> To: dns&#167;auda.org.au
> Subject: [DNS] Study Finds Bias in Internet domain name dispute
> resolution
>
>
> I came across this article today and it might interest those on this list.
>
> Cheers
> David
>
> Study Finds Bias in Internet domain name dispute resolution
>  (Convergence Center, Syracuse University news release) 9Nov
>  http://dcc.syr.edu/udrpnews.htm
> The international method of resolving disputes over Internet domain names
> favors trademark holders over those seeking to register an Internet site,
> according to a study by researchers at Syracuse University's School of
> Information Studies. The study was released Nov. 9 by the school's
> Convergence Center. While the guidelines developed by ICANN are "robust and
> fair," both the interpretation of the guidelines and a clause that allows
> trademark holders to shop around for the most favorable arbitrators has
> resulted in a system that is biased against Internet domain name
> registrants, says Milton Mueller, professor and director of the Convergence
> Center.
>
> The report 'Rough Justice' is available in both html and pdf versions. See
> http://dcc.syr.edu/roughjustice.htm or http://dcc.syr.edu/roughjustice.pdf
>