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[ga] UDRP and Oversight

  • To: Accountability Headquarters <ga@xxxxxxxxxxxxxx>
  • Subject: [ga] UDRP and Oversight
  • From: Hugh Dierker <hdierker2204@xxxxxxxxx>
  • Date: Tue, 11 May 2010 19:30:47 -0700 (PDT)

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.
 
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.
 
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.
 
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.


      


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