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Re: [ga] UDRP and Oversight
- To: Hugh Dierker <hdierker2204@xxxxxxxxx>, Accountability Headquarters <ga@xxxxxxxxxxxxxx>, imatx26@xxxxxxxxxxxxxx, ssene@xxxxxxxxxxxx, icann-board@xxxxxxxxx, rod_beckstrom@xxxxxxxxx
- Subject: Re: [ga] UDRP and Oversight
- From: "Jeffrey A. Williams" <jwkckid1@xxxxxxxxxxxxx>
- Date: Wed, 12 May 2010 15:12:54 -0500 (GMT-05:00)
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<P>Eric and all,</P>
<P> </P>
<P> As you know, I have always felt that the UDRP as currently
'existing', was and remains a very</P>
<P>questionably useful or transparently approach to domain name or otherwise
disputes. Both</P>
<P>WIPO and ICANN are supposed to have oversight. Seems to me that each
of our GAC representatives</P>
<P>should be actively participating at a minimum in that oversight.
Additionally public oversight to the</P>
<P>extent possible is necessary and prudent. Exposing/whistelblowing
where appropriate by same</P>
<P>provides for correction of judgment mistakes or brings to light corruption
where evident. <BR><BR><BR></P>
<BLOCKQUOTE style="PADDING-LEFT: 5px; MARGIN-LEFT: 0px; BORDER-LEFT: #0000ff
2px solid">-----Original Message----- <BR>From: Hugh Dierker
<HDIERKER2204@xxxxxxxxx><BR>Sent: May 11, 2010 9:30 PM <BR>To: Accountability
Headquarters <GA@xxxxxxxxxxxxxx><BR>Subject: [ga] UDRP and Oversight <BR><BR>
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<DIV>Since George brought the issue of cut and paste decisons and plagerism to
our attention I have been forensically trying to get a handle on just who
oversees the UDRP. Well the answer should come as no surprise, there really is
none.</DIV>
<DIV> </DIV>
<DIV>WIPO has oversight as in "does UDRP protect copyright and trademark"? And
that makes sense. One can say that ICANN has oversight function -- but there is
no process that one can use there to complain about process in UDRP. And
of course we have courts that do a de novo review of matters in UDRP, but those
are in fact de novo and do not review the process just the results - and not
really because it is in facto de novo non post facto. There is no judgment of
the judges.</DIV>
<DIV> </DIV>
<DIV>So who does George complain to when he catches a "jurist" in UDRP cheating
or being bribed or selling "verdicts"? Well the forensic report would
tell him that historically nobody.</DIV>
<DIV> </DIV>
<DIV>So if anyone knows of somebody or group of somebodies that has actually
directed UDRP jurists how to act and has authority to do so, It would be very
interesting to know.</DIV></TD></TR></TBODY></TABLE><BR>Regards,<BR><BR>Jeffrey
A. Williams<BR>Spokesman for INEGroup LLA. - (Over 294k members/stakeholders
and growing, strong!)<BR>"Obedience of the law is the greatest freedom"
-<BR> Abraham Lincoln<BR><BR>"Credit should go with the performance
of duty and not with what is very<BR>often the accident of glory" - Theodore
Roosevelt<BR><BR>"If the probability be called P; the injury, L; and the
burden, B; liability<BR>depends upon whether B is less than L multiplied
by<BR>P: i.e., whether B is less than PL."<BR>United States v. Carroll
Towing (159 F.2d 169 [2d Cir.
1947]<BR>===============================================================<BR>Updated
1/26/04<BR>CSO/DIR. Internet Network Eng. SR. Eng. Network data security IDNS.
div. of<BR>Information Network Eng. INEG. INC.<BR>ABA member in good
standing member ID 01257402 E-Mail jwkckid1@xxxxxxxxxxxxx<BR>Phone:
214-244-4827<BR></BLOCKQUOTE></BODY>
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